Supreme Court Reserves Order on Petitions Against Waqf (Amendment) Act 2025

Suspense crime, Digital Desk : The Supreme Court bench led by CJI BR Gavai and Justice AG Masih on May 22, 2025, reserved its verdict on a series of petitions challenging the Waqf (Amendment) Act 2025. The bench concluded its hearings over three days—beginning May 20—with intense arguments presented by both the petitioners and the Union government.

Section 3C: Government Property Not to Be Waqf

One of the most contested provisions is Section 3C, which bars government property from being declared Waqf. The section states:

Any property identified as government property, before or after the Act's enactment, cannot be designated as Waqf.

A government-appointed officer (rank above Collector) will decide ownership status through an inquiry.

If declared government-owned, the land’s Waqf status is suspended, and records are to be updated accordingly.

Petitioners' Argument:
Senior Advocate Kapil Sibal argued that this provision grants "unchecked authority" to the government to classify any land as public, overriding due process and existing Waqf designations. He criticized the lack of Waqf surveys in many states and questioned the fairness of retroactively altering revenue records.

Government’s Response:
Solicitor General Tushar Mehta stated that the section only deals with temporary entries in revenue records and not ownership. The final title will be decided by the Waqf Tribunal or High Courts, ensuring judicial review.

Section 3E: Waqf Bar on Tribal Land

Another significant clause, Section 3E, prohibits the declaration of Scheduled Tribe (ST) land as Waqf property:

“No land belonging to members of Scheduled Tribes under the Fifth or Sixth Schedules of the Constitution shall be declared as Waqf.”

Opposition View:
Sibal and Senior Advocate Huzefa Ahmadi called the provision discriminatory against Muslim ST individuals, arguing that it violates Article 25 (freedom of religion) and denies them the right to religious endowments.

Government Stand:
Mehta maintained that the clause safeguards tribal land, which is often under threat due to unauthorized waqf declarations. He emphasized that Islamic minorities in tribal areas do not necessarily follow uniform religious customs.

Last-Minute Insertions Without Deliberation

The petitioners also flagged Sections 3D and 3E as last-minute additions not discussed in the Joint Parliamentary Committee (JPC) draft. These were introduced directly during the April 2 vote, which, according to Sibal, bypassed procedural transparency.

Constitutional and Legal Backdrop

The case also brings into focus various existing tribal land protections:

Forest Rights Act, 2006

PESA Act, 1996

Fifth Schedule of the Constitution

These laws provide strong safeguards for ST land rights, a key aspect in the government's defense of Section 3E.

What’s Next?

With the order reserved, the Supreme Court is expected to deliver a detailed ruling on the validity and constitutional implications of the contested amendments in the coming weeks. The outcome will have far-reaching impacts on Waqf governance, land rights, and religious freedoms in India.

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