‘Nobody Has Right over Govt Land’: Centre Tells SC on Pleas Challenging Waqf Act
- On May 15, 2025, a Supreme Court bench headed by Chief Justice B R Gavai commenced hearings on petitions questioning the legality and constitutionality of the Waqf Act, 2025, which pertains to the regulation of waqf properties in India.
- The Act, enacted in early April 2025, aims to prevent misuse and encroachments of waqf lands but faces opposition claiming it discriminates against Muslims and infringes on their religious and property rights.
- Key amendments include requiring individuals to prove they are practicing Muslims to create waqfs, permitting non-Muslims on waqf boards, and granting district collectors authority over waqf registrations, which critics say dilutes community control.
- Senior lawyer Kapil Sibal stated the amendments cause a 'creeping acquisition' of waqf properties violating Articles 14, 25, and 26 of the Constitution and warned of irreparable damage without judicial stay, while the Centre defends the Act's constitutionality.
- The Supreme Court has so far not stayed the Act but will hear only five petitioners and has instructed states to investigate misuse of waqf and forest lands, indicating ongoing scrutiny and potential restitution measures.
23 Articles
23 Articles
Waqf not essential part of Islam: Centre to SC
New Delhi: The Centre on Wednesday, May 21, defended the Waqf (Amendment) Act, 2025 in the Supreme Court and said though waqf was an Islamic concept, it was not an essential part of Islam. Arguing before Chief Justice B R Gavai and Justice Augustine George Masih, Solicitor General Tushar Mehta said, “Waqf is an Islamic concept. But it is not an essential part of Islam.. Waqf is nothing but just charity in Islam. Charity is recognised in every re…
‘Nobody has right over govt land’: Centre tells SC on pleas challenging Waqf Act
During Supreme Court hearings on the Waqf (Amendment) Act, 2025, the Centre asserted that individuals cannot claim government land. The Waqf Act aims to regulate waqf properties and prevent misuse.
The case behind CJI Gavai’s first judgment, which proclaimed Pune land transfer as illegal
A significant Supreme Court ruling addresses the illegal conversion of reserved forest land in Pune for commercial use, revealing deep ties among politicians, bureaucrats, and builders. The ruling restores the land's status after years of controversy.
"Courts Cannot Intervene Unless...": Chief Justice's Big Remark On Waqf Law
There is a presumption of constitutionality in legislation that clears Parliament and courts cannot interfere unless a glaring case is made out, Chief Justice of India BR Gavai told the petitioners challenging the Waqf Amendment Act today.
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