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Supreme court set to rule on Waqf act suspension!

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The Supreme Court of India is scheduled to deliver its interim order on September 15 in a cluster of petitions that challenge the Waqf (Amendment) Act, 2025. The bench, led by Chief Justice B. R. Gavai and Justice A. G. Masih, had reserved the decision back on May 22 after hearing several days of arguments. 

Three major issues are under scrutiny. One: whether “waqf by user” or properties already declared waqf by deed or court can be de-notified while the legal challenges are still pending. Two: whether properties under inquiry by District Collectors (to ascertain whether they are waqf or government land) should be treated as waqf during the enquiry period. And three: the composition of Waqf Boards and the Central Waqf Council, particularly the inclusion of non-Muslims in these bodies, and whether restrictions on appointments violate constitutional guarantees.

Petitioners include a range of Muslim leaders, political parties and civil rights organisations such as AIMIM’s Asaduddin Owaisi, AAP’s Amanatullah Khan, the All India Muslim Personal Law Board, among others. The Centre argues that the Act is presumed constitutional unless proven otherwise, and that some provisions are necessary for transparency and regulation.

The upcoming order could temporarily stay certain provisions of the law, which has already been notified. The decision is expected to have major implications for waqf property management, religious autonomy and legislative oversight in India.

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