The Supreme Court has scheduled a hearing on May 15 for petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2024, led by Chief Justice-designate Justice B R Gavai. The Act, notified on April 5 after receiving presidential assent, has been challenged by several parties, including political parties like DMK, YSRCP, AIMIM, and Left parties, as well as NGOs and Muslim organizations.
The petitioners have raised concerns about certain provisions of the Act, including the “waqf by user” clause, which recognizes properties as waqf based on long-term religious or charitable use, even without formal declaration. The Centre has defended the law in its affidavit, arguing that it was passed by Parliament with a majority vote.
Before the May 15 hearing, the government had assured the court that it would not denotify waqf properties or appoint members to the Central Waqf Council and boards till May 5. The Solicitor General, representing the government, acknowledged the tight timeline due to the current Chief Justice’s upcoming retirement but expressed readiness to respond to all contentions.
The bench, headed by Chief Justice Sanjiv Khanna, decided not to issue any interim orders at this stage, citing the need for further clarification on certain aspects raised by the government. The matter requires an early hearing, but it won’t come up before the current Chief Justice, who retires on May 13. The May 15 hearing will determine the future course of the petitions challenging the Waqf (Amendment) Act.
