• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Wednesday, August 12, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home India

SC reserves order on plea to stay Waqf Amendment Act, 2025

United News of India by United News of India
May 23, 2025
in India
A A
SC Set Aside Notification For Ladakh Hill Council Polls, Orders Fresh Process In 7 Days
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi: After three consecutive days of intense hearings, the Supreme Court on Thursday reserved its judgment on the interim relief sought by petitioners challenging the operation of the Waqf (Amendment) Act, 2025.

A bench, comprising Chief Justice B R Gavai and Justice A G Masih, heard exhaustive submissions from all sides before reserving its decision on staying the implementation of the new law.

Representing the Union Government, Solicitor General Tushar Mehta opened his arguments by stating that prima facie no case of unconstitutionality had emerged during the hearings.

“Mere legal propositions or hypothetical concerns cannot be grounds for suspending a statute passed by Parliament,” he asserted.

During the hearing, the Solicitor General defended the Waqf (Amendment) Act, 2025, stating that the petitioners failed to establish ex-facie evidence of unconstitutionality or show exceptional grounds for interim relief.

Addressing Section 3(E) regarding Scheduled Tribes, Mehta clarified that tribals in Scheduled Areas form a constitutionally protected class and highlighted judicial precedents that uphold such protections.

He justified the exclusion of Sixth Schedule Areas from the Act’s applicability due to their distinct administrative and legal framework.

In response to CJI’s concerns over alleged misuse of waqf designations on tribal or government land, Mehta warned that once land is declared waqf, its legal status becomes irreversible, potentially complicating restitution even if the law is later struck down.

He further referred to the Parliamentary Joint Committee’s findings, which acknowledged that some tribal groups practising Islam maintain unique cultural identities that merit nuanced consideration.

Senior Advocate Rajeev Dwivedi, appearing for the State of Rajasthan, argued that “waqf by user” is not a core Islamic practice, referencing the Ram Janmabhoomi judgment to support his view. He emphasized that central legislation must respect constitutional federalism, and petitioners had not demonstrated a strong prima facie case.

Similarly, Senior Advocate Ranjeet Kumar, representing a tribal organization and the State of Haryana, backed the Centre’s stand and emphasized the comprehensive nature of the Waqf Act, 1995, stating that necessary safeguards were already in place.

The SG clarified that while Executive Officers of waqfs must be Muslim under Section 38, the CEO of the Waqf Board may be appointed without any religious criteria, an enabling, not mandatory, provision.

He also noted that the Waqf Board qualifies as a “State” under Article 12, ensuring constitutional accountability.

Tracing the evolution of waqf legislation, Mehta noted that the 2025 Amendment deleted Section 104, which previously allowed non-Muslims to create waqfs, sometimes leading to fraudulent property declarations. The amendment aims to curb such misuse while allowing non-Muslims to donate to waqf institutions under Section 71.

He also defended the provision that bars unregistered waqfs from initiating litigation, noting similar provisions exist in trust laws, such as the Bombay Public Trusts Act. He emphasized the applicability of the Limitation Act to waqfs, ensuring legal recourse within stipulated timelines.

On May 21, Mehta had strongly refuted allegations of a “wholesale capture” of waqf properties, calling such claims “misleading and false.” He emphasised the government’s duty to safeguard public land, rejecting the narrative that waqf laws were arbitrarily displacing legitimate claims. “The country is being misled,” he argued.

The court heard the petitioners’ rebuttals during the post-lunch hearing and reserved its judgment on the plea for interim stay.

The Waqf Act, 1995 was enacted by the Indian Parliament to regulate and manage waqf properties across the country through State Waqf Boards. A waqf refers to a permanent dedication of movable or immovable property for religious, pious, or charitable purposes recognised in Islam.

The Act was based on earlier waqf laws dating back to the colonial era and replaced the Waqf Act of 1954. Over time, it has undergone multiple amendments, including the latest Waqf (Amendment) Act, 2025, which is presently under judicial scrutiny for its alleged impact on tribal lands and government properties.

The Waqf (Amendment) Act, 2025, passed by the Lok Sabha on April three and Rajya Sabha on April four and signed by the President on April five, removed the concept of “waqf by user”, which allowed properties long used for religious purposes to be treated as waqf without formal documentation.

UNI

United News of India

United News of India

United News of India

Related Posts

HM Amit Shah Unveils High-Tech Cyber Defense Network for Cooperative Banks

Fuel excise cut brings relief amid global crisis: Amit Shah hails PM Modi’s move
by Agencies
August 9, 2026

Mumbai: Taking decisive steps to safeguard India’s grassroots financial ecosystem, Union Home and Cooperation Minister Amit Shah emphasized the imperative...

Read moreDetails

PM Modi Says J&K, Ladakh Witnessing Unprecedented Development Since Article 370 Abrogation

Parliament set to script history on Women’s Reservation, says PM Modi at Nari Shakti Vandan Sammelan
by KH Web Desk
August 5, 2026

SRINAGAR, Aug 5: Prime Minister Narendra Modi on Wednesday said that seven years after the abrogation of Articles 370 and...

Read moreDetails

PM Modi promises ‘more strict actions against paper leaks’ amid CJP protests

Parliament set to script history on Women’s Reservation, says PM Modi at Nari Shakti Vandan Sammelan
by Agencies
July 24, 2026

PM Modi Announces Fast-Track Courts Bill Amid NEET Paper Leak Controversy New Delhi: Prime Minister Narendra Modi on Thursday promised...

Read moreDetails

Govt invites students protesting over NEET paper leak issue for talks

1,365 Vacant Posts In IAS, 703 In IPS: Govt
by Agencies
July 24, 2026

New Delhi: Union Minister Dr Jitendra Singh has appealed to the protesting students of the NEET paper leak issue to...

Read moreDetails

Rahul, Prihttps://thekashmirhorizon.com/wp-admin/update.php?action=upgrade-theme&theme=jnews&_wpnonce=df105b26f9yanka protest outside PM’s residence over police action on students, several leaders detained

Rahul, Prihttps://thekashmirhorizon.com/wp-admin/update.php?action=upgrade-theme&theme=jnews&_wpnonce=df105b26f9yanka protest outside PM’s residence over police action on students, several leaders detained
by United News of India
July 22, 2026

New Delhi, Jul 21 (UNI) Congress leader Rahul Gandhi, accompanied by his sister Priyanka Gandhi Vadra and other party leaders,...

Read moreDetails

‘Don’t drag court into this’: Delhi HC on PIL over alleged police action against CJP protesters

by United News of India
July 22, 2026

New Delhi, Jul 21 (UNI) A public interest litigation has been filed in the Delhi High Court alleging that Delhi...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire