SC To Pronounce Order On Interim Stay On Waqf (Amendment) Act 2025 On September 15

New Delhi: The Supreme Court on Monday would pronounce its order on the issue of interim relief on a clutch of pleas challenging the constitutional validity of Waqf (Amendment) Act, 2025.

The order will be pronounced by a bench led by Chief Justice of India BR Gavai which had reserved its order on May 22 on pleas to stay the provisions of the law.

According to the causelist uploaded on the apex court’s website, the CJI would pronounce the order at 10.30 am on Monday, September 15, in the matter registered as 'In Re: Waqf Amendment Act, 2025'.

On May 22, the Supreme Court had reserved its interim order on three issues, including the power to de-notify properties declared as “waqf by courts, waqf-by-user or waqf by deed” after hearing a batch of petitions challenging the validity of the Waqf (Amendment) Act, 2025.

The apex court heard the argument for three days in which the Centre contended mere legal propositions or hypothetical arguments were insufficient to put on hold the operation of the law duly enacted by Parliament.

Solicitor General Tushar Mehta, representing the Centre, contended before the bench that waqf is an Islamic concept but it is not an essential part of Islam, and stressed that waqf is nothing but just charity in Islam.

Mehta pressed that charity is recognised in every religion, and it cannot be regarded as an essential tenet of any religion. Mehta argued that judgments show that charity is part of every religion: Hindus have a system of daan, Sikhs also have it and it is also for Christianity.

The Centre had earlier given an assurance that no waqf properties, including those established by user, would be de-notified.

The Central government had also said that no appointment of non-Muslims to the Central Waqf Council or State Waqf Boards would be made under the 2025 Act.

The Centre had said that waqf by user- is not a fundamental right, and it was recognised by statute- judgment says if right is conferred as legislative policy, the right can always be taken away. Defending the Waqf (Amendment) Act, 2025, the Centre said waqf by its very nature is a “secular concept” and can't be put on hold given the “presumption of constitutionality” in its favour.

The apex court had said only five petitions will be treated as lead petition in the matter, and the other writ petitions will be treated as intervention applications. Over 100 petitions were filed against the 2025 Act.

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