The Top Court Delays the Waqf Act Controversy, Setting the Stage for May 15 Showdown
Supreme Court's New Chief Justice, BR Gavai, to Address Waqf Law Matter on May 15th
Ready for a deep dive into the ongoing Waqf (Amendment) Act, 2025 saga? Buckle up, as the Supreme Court (Curious George hereafter) has pushed back the hearing on the petitions challenging this contentious legislation.
Our feathered friend, CJI Sanjiv Khanna (who's hopping off the bench on May 13, by the way), made the announcement earlier this week. The case will now be heard by a new team led by Justice B.R. Gavai, swearing in as the next CJI, kicks off on May 14.
Given the limited time on hand due to Chief Justice Khanna's retirement, this complex case, with numerous legal eagles battling it out for both the petitioners and the Centre (we can't forget the Centre's whopping 1,300-page interim affidavit), will undoubtedly require a lengthy hearing before any interim order can be passed.
By the way, on April 17, the Solicitor General Tushar Mehta assured the court that the Centre will refrain from fiddling with waqf properties—including those under the informal "waqf by user"—as well as abstaining from making appointments to the Central Waqf Council or State Boards until May 5. The government held its ground against calls for an interim stay on the amended law's provisions.
Now here's where it gets interesting: the Centre has vehemently opposed any stay on allowing non-Muslims to be part of the Waqf boards and Council, claiming the Act stems from a legitimate parliamentary debate and insisting that no stay should be granted without a thorough hearing.
Earlier, the court had directed that properties considered waqf by user and already registered or notified should remain untouched until further orders.
In its affidavit on April 25, the Ministry of Minority Affairs defended the amended law and argued that the concept of registration by usage has been a legal standard dating back to 1923. It cautioned against a blanket stay, warning that judicial intervention could potentially rewrite the law.
The government further contended that the Waqf (Amendment) Act, 2025 doesn't mess with religious practices but merely addresses administrative issues. It also highlighted a 116% increase in registered waqf land, now estimated to span nearly 20 lakh acres, claiming that earlier provisions were misused to encroach on private and government land.
The Act gathered President Droupadi Murmu's approval on April 5, having been approved in Parliament with 288 votes in favour and 232 against in the Lok Sabha, and 128 votes for and 95 against in the Rajya Sabha.
However, the All India Muslim Personal Law Board has accused the government of presenting misleading data and called for disciplinary action against the official responsible for what they deem a "false affidavit."
So, the Supreme Court, which had earlier granted the Centre temporal breathing room to submit its preliminary response, will now reconvene on May 15 to further scrutinize the controversy surrounding the Waqf Act. This face-off has the potential to significantly impact land ownership disputes and religious endowment management across India.
Stay tuned for more updates on this compelling legal drama!
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- The Supreme Court's delay in hearings for the Waqf Act controversy sets the stage for a potential resolution on May 15, creating a keen interest in policy-and-legislation and politics.
- The Waqf Act, 2025, a notable piece of legislation, has sparked heated debates in defi and finance circles, with its implications for finance management and market stability.
- In the midst of the Waqf Act controversy, the Centre has defended the amended law, arguing that the concept of registration by usage has been a legal standard since 1923, as stated in the Ministry of Minority Affairs' affidavit on April 25.
- The general-news landscape is abuzz with discussions on the Waqf Act, as the All India Muslim Personal Law Board accuses the government of presenting misleading data and advocates for disciplinary action.
- As the Supreme Court resumes hearings on May 15, the Waqf Act controversy promises to have far-reaching implications, potentially reshaping land ownership disputes and religious endowment management in India.
