SC issues notices to Centre, others on plea challenging validity of 1995 Waqf Act

New Delhi: The Supreme Court on Tuesday issued notice to the Centre and state governments on a plea challenging the Constitutional validity of certain provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih tagged the plea along with pending petitions challenging the 1995 Waqf Act. Those provisions were challenged by advocate Vishnu Shankar Jain.

The court's order came on the petition filed by one Nikhil Upadhyay challenging the 1995 Act.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, submitted that the petitioner challenged the validity of the provisions prior to the Amendment Act of 2025.

The apex court had already on May 22 reserved its order on passing interim directions on a batch of pleas challenging the constitutional validity of Waqf Amendment Act.

On April 17, the apex court refused to put on hold the recently made changes to the Waqf law, after the central government assured it that no recruitment would be made to Waqf boards and councils, and also the Waqf properties declared or registered as Waqf by users would not be de-notified till the next date of hearing.

On April 25, the Union Ministry of Minority Affairs filed a preliminary affidavit defending the amended Waqf Act of 2025. The Centre had opposed any blanket stay by the court on a law having a presumption of constitutionality passed by Parliament.

The Supreme Court had said only five petitions will be treated as lead petition in the matter The apex court said the other writ petitions will be treated as intervention applications. Over 100 petitions have been filed against the Act so far.