The Supreme Court of India on Monday heard a series of petitions challenging the constitutional validity of the Waqf Act, 1995. The apex court indicated that it may pass an interim order after considering the arguments presented by petitioners who have raised serious questions about the legality and fairness of the existing Waqf framework.
A bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra is hearing the matter. The petitions argue that the Waqf Act grants “unfettered and arbitrary” powers to the Waqf Boards across the country, enabling them to claim or manage properties without following due process or offering recourse to affected citizens.
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Petitions and Key Arguments
The petitions, filed by several individuals and organizations, contend that:
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The Waqf Act violates Articles 14, 15, and 25 of the Constitution by creating a parallel legal structure for one religious community.
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The process of notifying Waqf properties allegedly lacks transparency and often takes place without adequate notice to the current occupants or owners.
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There is no effective appellate mechanism for non-Muslims to challenge the listing of their property as Waqf.
Senior advocates representing the petitioners argued that the Act essentially places a particular religious board above civil rights and due process, creating a scenario that is discriminatory and potentially unconstitutional.
Court’s Observations
During the hearing, the Supreme Court acknowledged the gravity of the issues raised. CJI Chandrachud stated, “We are not against any religious practice, but we must examine whether the statutory mechanism affects citizens’ rights in an unjust manner.”
The court also sought responses from the Centre and the Central Waqf Council. The Union government has been asked to clarify its stand on the constitutional challenge, especially on whether the powers granted to Waqf Boards are balanced with safeguards for other stakeholders.
Possibility of Interim Order
While no final decision was made today, the bench said it is considering an interim order to prevent the automatic listing or assumption of control over properties without adequate hearings. “There is a need to balance religious rights with civil rights,” said Justice Pardiwala, hinting at a possible pause on the enforcement of certain Waqf Board powers until the matter is fully adjudicated.
Waqf Boards Respond
The Waqf Boards, through their legal representatives, defended the Act, claiming it is a necessary tool for managing endowments in the Islamic faith and ensuring that charitable and religious purposes are fulfilled as per donors’ intentions.
They also denied allegations of arbitrariness, stating that existing provisions already include mechanisms for notice, appeal, and redress.
Next Hearing
The court scheduled the matter for further hearing in July 2025. It is expected to examine the specific provisions of the Act in detail and evaluate whether they comply with the Constitution’s guarantees of equality and justice.
If passed, an interim order could have significant implications on property disputes involving Waqf Boards across the country. The case is being closely watched by legal experts, religious leaders, and civil rights groups alike, as it could reshape the relationship between personal law and constitutional principles in India.