Supreme Court Issues Notice To Union & States On Petition Challenging Waqf Act 1995

The Supreme Court on Tuesday (May 27) issued notice to the Union and the State Governments on a writ petition challenging the provisions of the Waqf Act 1995 and tagged it with an earlier petition challenging the 1995 Act.A bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih was hearing the petition filed by one Nikhil Upadhyay challenging the 1995 Act.When the matter was taken, CJI Gavai asked Advocate Ashwini Upadhyay, the counsel for the petitioner, why the 1995 Act was being challenged now."We will dismiss on the ground of delay. You are challenging the 1995 Act in 2025. Why should challenge to 1995 Act be allowed in 2025?" CJI Gavai said.Upadhyay said that the 2013 amendment was also under challenge. "Even then, 2013 to 2025. 12 years. There is delay," CJI said. Upadhyay then submitted that the Supreme Court is already hearing petitions filed in 2020-21 challenging the Places of Worship Act 1991 and the National Minority Commission Act 1992.Additional Solicitor General Aishwarya Bhati submitted that the Court has not allowed the challenge to the 1995 Act to be heard along with the batch challenging the 2025 Amendment. However, there is no objection to the present petition being tagged along with the other petition challenging the 1995 Act, the ASG added. The bench then issued notice on the petition and tagged it with the other matter. The Union Government and all States/UTs are respondents in the petition,.The petitioner challenged the constitutional validity of Sections 3(r), 4, 5, 6(1), 7(1), 8, 28, 29, 33, 36, 41, 52, 83, 85, 89, 101 of the Waqf Act 1995 as amended by the Waqf (Amendment) Act 2025, contending that these provisions are against the Articles 14, 15, 21, 25, 26, 27 of the Constitution.The petitioner argued that only Muslims have a law relating to the administration of their charitable properties and other religions do not have a similar law. Hence, it was argued that the Waqf Act 1995 was discriminatory.The definition of Waqf, as per Section 3(r), that it was a "permanent dedication", was questioned by the petitioner as "beyond the administrative or judicially manageable limits." The petitioner argued that the provision should be qualified to mean that the person should have obtained the property in accordance with law.The petitioner also argued that the definition of “Mutawalli” is totally vague and uncertain.The petitioner further argued that the State cannot grant, at the Cost of the Public Exchequer, the expenses incurred for the verification of Waqfs and their properties, while there is no similar exercise nor a grant of expenses for the survey of other Religious Institutions and their properties. He argued that the cost of the survey for the verification of Waqf and its properties must not be borne by the State. According to the petitioner, there should be a Common/Uniform Law for Religious Trusts and Endowments. NIKHIL UPADHYAY vs UNION OF INDIA W.P.(C) No. 502/2025

Supreme Court Issues Notice To Union & States On Petition Challenging Waqf Act 1995

Anmol Kaur Bawa

Tags