Strong case needed to stay Waqf Act, says Supreme Court

The Supreme Court on Tuesday said that a strong case must be made out for staying a law, as it heard a clutch of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025, reported Live Law.

“There is a presumption of constitutionality in favour of every statute,” Chief Justice BR Gavai was quoted as saying. “For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there.”

A bench of Gavai and Justice Augustine George Masih adjourned the matter till Wednesday after hearing arguments for more than three hours for deciding on passing interim orders.

A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.

The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function. The bill was cleared by Parliament on April 4. It received presidential assent on April 5 and took effect on April 8.

The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.

On Tuesday,...

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