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

The Supreme Court on Tuesday, 27 May, sought responses from the Centre and others on a petition challenging the constitutional validity of certain provisions of the Waqf Act, 1995.

A bench of Chief Justice B.R. Gavai and Justice Augustine George Masih issued notices to the Centre and others, seeking their responses on the plea, and tagged it with that have raised a similar issue.

Advocate Ashwini Upadhyay, appearing on behalf of petitioner Nikhil Upadhyay, told the bench that the plea challenges the provisions of the Waqf Act, 1995.

Referring to the apex court's Upadhyay said the court had said petitions challenging the 1995 law and the amendments made therein in 2013 shall be separately shown on the cause list.

"Why should a challenge to the 1995 Act be allowed in 2025?" the CJI asked. He also asked why should the plea be not dismissed on the grounds of delay.

The petitioner's counsel said the plea has challenged the amendments made in 2013.

He said the apex court is hearing pleas filed in 2020 challenging the provisions of the Places of Worship (Special Provisions) Act, 1991 and the National Commission for Minorities Act, 1992.

The bench agreed to hear the plea and tagged it with the already-pending petitions.

On May 22, the apex court reserved interim orders on three key issues after hearing both sides in the case relating to the Waqf (Amendment) Act, 2025.

One of the issues relates to the power to de-notify properties declared as "waqf by courts, waqf-by-user or waqf by deed" prescribed in the 2025 Act.

The top court had previously identified the three issues, on which a stay was sought by the petitioners challenging the validity of the 2025 Act, for passing interim orders.