On Monday, the Supreme Court of India declined to entertain a new plea challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The plea, filed by Syed Ali Akbar, was rejected by a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar. The Court made it clear that it could not accommodate the "hundreds" of petitions filed on the matter and emphasized the importance of focusing on the five petitions that were already pending.

Court's Ruling and the Petitioner’s Options

The bench instructed the counsel for the petitioner, Syed Ali Akbar, to file an intervention application in the five pending cases. These cases are scheduled to be heard on May 5, 2025, for passing interim orders. The Chief Justice further clarified that the Court had already decided on April 17, 2025, to hear only five of the numerous petitions, underlining that these petitions would be the focus moving forward. The petitioner, Syed Ali Akbar, was asked to withdraw the fresh plea and join the pending cases if he chose to do so.

This ruling came as part of the ongoing proceedings regarding the Waqf (Amendment) Act, 2025, which has been challenged by several parties. Notably, prominent political leaders and organizations such as Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), and the Congress MPs Imran Pratapgarhi and Mohammad Jawed, among others, have filed petitions against the law.

Overview of the Waqf (Amendment) Act, 2025

The Waqf (Amendment) Act, 2025, was recently notified by the Centre after receiving President Droupadi Murmu's assent on April 5, 2025. The law has stirred considerable controversy, especially within certain sections of the Muslim community, as it includes provisions related to the governance of waqf properties.

The amendment aims to address issues related to the management and regulation of waqf properties, which are properties donated for religious purposes under Islamic law. These properties have historically been managed by waqf boards at the state and central levels. The new amendments grant the Centre enhanced powers to oversee waqf properties, including changes to the appointment of members to waqf boards.

Opposition to the Amendment

Several petitions were filed against the law, with 72 petitions in total challenging the validity of the Act. Among the notable petitioners are AIMIM leader Asaduddin Owaisi, the AIMPLB, and various political and religious groups. These parties argue that the amendment infringes on the rights of the community and could potentially lead to the centralization of control over waqf properties, which they claim should be managed by local entities.

During the April 17 hearing, the Centre's defence of the Act was robust. Solicitor General Tushar Mehta assured the Court that the government would not denotify waqf properties or make appointments to the central waqf council and boards until May 5. He argued that the law was passed by Parliament after "due deliberations" and should not be stayed without proper hearings.

The Union Ministry of Minority Affairs also filed an extensive 1,332-page affidavit defending the law. The ministry opposed any "blanket stay" on the Act, stating that the law carried a presumption of constitutionality as it was passed by Parliament following extensive debates. The government further criticized what it referred to as a "mischievous false narrative" surrounding some of the provisions of the Act.

Key Points from the Current Hearing

The Court’s decision to prioritize five petitions and allow interventions by other parties was seen as a measure to streamline the hearing process. By limiting the number of petitions being heard at this stage, the Court hopes to manage the growing caseload surrounding the Waqf (Amendment) Act, 2025. The five petitions that are currently under review will be discussed on May 5, 2025, with a focus on preliminary objections and interim orders.

One significant aspect of the proceedings is the Centre’s assurance not to proceed with waqf property-related actions until after the hearing. This assurance is crucial in maintaining the status quo until the case is fully adjudicated.

The legal battle surrounding the Waqf (Amendment) Act, 2025, is likely to continue to evolve over the coming weeks. With several high-profile figures and organizations involved, the case is expected to attract widespread attention.

Impact on the Political and Legal Landscape

The Waqf (Amendment) Act, 2025, is likely to have far-reaching implications for both religious and political landscapes in India. Politically, the law has sparked significant debate, with some arguing that it represents an overreach by the Centre into the religious and cultural domain of the Muslim community. Others view it as a necessary step towards better regulation of waqf properties, ensuring their proper management and use for community welfare.

Legally, the case presents a crucial test of the judicial system’s approach to handling laws that affect minority rights. The Supreme Court’s upcoming rulings will provide important precedents on the extent to which the government can exercise control over religious properties and whether such laws align with India’s constitutional framework.

Conclusion

The legal challenge to the Waqf (Amendment) Act, 2025, is a high-stakes case that involves sensitive issues related to minority rights, property management, and the scope of government authority. As the Supreme Court prepares for further hearings on May 5, 2025, the outcome of this case could have significant implications for the future of waqf property governance in India.

The petitioners and the Centre continue to prepare for a detailed legal battle, with the Court’s focus on limiting the number of cases under review and ensuring a streamlined process for adjudicating the constitutional validity of the law. For now, the legal landscape remains uncertain, with the Waqf (Amendment) Act, 2025, at the heart of intense legal and political scrutiny.

The Upcoming IPOs in this week and coming weeks are  Wagons Learning, Srigee DLM, Manoj Jewellers.

The Current active IPO are Kenrik Industries,Arunaya Organics, Ather Energy, Iware Supplychain Services.

Start your Stock Market Journey and Apply in IPO by Opening Free Demat Account in Choice Broking FinX.

Join our Trading with CA Abhay Telegram Channel for regular Stock Market Trading and Investment Calls by CA Abhay Varn - SEBI Registered Research Analyst.