Supreme Court adjourns hearing on Waqf Amendment Act to January 2027

The Supreme Court has decided to adjourn the hearing of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, until 21 January next year. According to a report by Business Standard, a bench comprising Justice M.M. Sundresh and Justice P.B. Varale has directed all parties involved in the matter to complete their arguments and pleadings by 31 December 2026.

The Court has ordered that petitioners who had filed interlocutory applications and were instructed to convert them accordingly must file writ petitions within two weeks from today. Copies of these petitions are to be provided to the Nodal Counsel, who has been directed to compile and include the judgments relied upon by the petitioners. Furthermore, the Additional Solicitor General has been asked to respond to the written submissions.

During the hearing, the Nodal Counsel informed the Court that five main petitions had previously been identified, while 135 petitions had been converted into interlocutory applications. He proposed that all parties may file written submissions, which will then be compiled.

Solicitor General Tushar Mehta, appearing on behalf of the Central Government, referred to the order dated 17 April, 2025. Through that order, only five main petitions were being considered to keep the number of cases controlled. He submitted that no changes should be made to this previous arrangement.

The Waqf (Amendment) Bill, 2025, was passed in both Houses of Parliament following intense debates, after which President Droupadi Murmu gave her assent.

The Supreme Court had stayed certain key provisions of the Waqf (Amendment) Act, 2025, on 15 September last year, but refused to stay the entire Act and expressed an inclination towards its constitutionality. The Court had stayed certain specific provisions to protect the interests of the parties and maintain equality.

This included a stay on the power given to the Collector to determine the status of Waqf properties and a ruling on the issue of non-Muslim participation in the Waqf Board. The Supreme Court directed the Central Waqf Council that in a total composition of 20 members, the number of non-Muslim members should not exceed four. Similarly, it stated that in the State Waqf Board, the number of such members should not exceed three in a total strength of 11 members.

The Court also stayed a part of Clause (r) of Section 3 of the amended Waqf Act, which stated that 'any person who proves that they have been practicing the religion of Islam for at least five years'. The Court ruled that this provision will remain suspended until rules are framed by the State Government to determine whether a person has been practicing Islam for five years.

Additionally, the top Court also stayed a provision which stated that a property should not be considered a 'Waqf property' until the appointed officer submits their report.