New Delhi, Sept 13 – The Supreme Court will pronounce its interim order on Monday, September 15 at 10:30 am on a batch of petitions challenging key provisions of the Waqf (Amendment) Act, 2025, particularly the abolition of the ‘waqf by user’ principle.
A Bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih had reserved its verdict on May 22, after extensive hearings over three days. Senior advocates Kapil Sibal, A.M. Singhvi, Rajeev Dhavan, and Huzefa Ahmadi appeared for the petitioners, while Solicitor General Tushar Mehta represented the Centre. Senior counsel Rakesh Dwivedi and Ranjit Kumar, appearing for the Rajasthan and Haryana governments, respectively, supported the Centre’s stance.
The Waqf (Amendment) Act, 2025, notified on April 5, removed the provision that allowed properties to be recognised as waqf based on long-term, uninterrupted religious use, even in the absence of formal documentation. This practice, known as ‘waqf by user’, has historically enabled the recognition of endowments that evolved over time through consistent usage by the Muslim community.
During the hearings, the Bench emphasized the constitutional presumption in favour of laws enacted by Parliament. “There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case,” the Chief Justice observed, citing the long-standing requirement of waqf registration under the 1923 and 1954 laws.
In an earlier hearing on April 17, the Court had deferred any interim relief after the Centre voluntarily assured that it would not proceed with:
