SC reserves order on plea to stay Waqf Amendment Act, 2025

After three consecutive days of intense hearings, the Supreme Court on Thursday reserved its judgment on the interim relief sought by petitioners challenging the operation of the Waqf (Amendment) Act, 2025.

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A bench, comprising Chief Justice B R Gavai and Justice A G Masih, heard exhaustive submissions from all sides before reserving its decision on staying the implementation of the new law.

Representing the Union Government, Solicitor General Tushar Mehta opened his arguments by stating that prima facie no case of unconstitutionality had emerged during the hearings.

“Mere legal propositions or hypothetical concerns cannot be grounds for suspending a statute passed by Parliament,” he asserted.

During the hearing, the Solicitor General defended the Waqf (Amendment) Act, 2025, stating that the petitioners failed to establish ex-facie evidence of unconstitutionality or show exceptional grounds for interim relief.

Addressing Section 3(E) regarding Scheduled Tribes, Mehta clarified that tribals in Scheduled Areas form a constitutionally protected class and highlighted judicial precedents that uphold such protections.

He justified the exclusion of Sixth Schedule Areas from the Act’s applicability due to their distinct administrative and legal framework.