Wed May 21 03:49:16 UTC 2025: **News Article:**

**SC Hears Arguments on Waqf Act Amendment, Centre Defends Law**

New Delhi – The Supreme Court of India is hearing arguments on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. On the second day of hearings, the Central government defended the amendments, arguing that they rectify long-standing issues and enhance transparency in waqf administration.

Solicitor General Tushar Mehta, representing the Centre, asserted that the amendments address problems unresolved by previous administrations, including British rule. He emphasized that the Waqf Tribunal possesses civil court powers and that decisions made by designated officers can be appealed. Mehta further argued that waqf, by its nature, is a secular concept and enjoys a “presumption of constitutionality.” He outlined the Act’s three-tier structure: the Central Waqf Council (advisory), State Waqf Boards (administrative), and individual waqfs (religious functions).

Petitioners challenging the Act argue that it represents a “creeping acquisition” of waqf properties owned by India’s Muslim community and violates Article 25 (freedom of religion). They criticize provisions like Section 3C, which allows government-appointed officers to determine if a property is government-owned, potentially leading to the loss of waqf status. Concerns have also been raised about the inclusion of non-Muslims in waqf administrative bodies. Senior advocate Kapil Sibal argued that Section 3C of the 2025 Act gave free rein to any encroacher to start a dispute.

Senior advocate Rajeev Dhavan argued that beliefs, practices, and the property that sustains them form the bulwark of religions.

The bench, led by Chief Justice B.R. Gavai, has allocated additional time to decide whether to issue an interim order to stay the Act’s implementation, which came into effect on April 8, 2025. The court will now determine if the 2025 Amendments are constitutional.

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