CJI Khanna transfers pleas challenging Waqf Act to next CJI Gavai-led bench

New Delhi: The Supreme Court on Monday said the pleas challenging the Waqf (Amendment) Act's constitutional validity will be taken up by a bench headed by Chief Justice of India-designate Justice B R Gavai on May 15.

As soon as a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan assembled for the hearing, the CJI said, “There are certain aspects which you (Centre) dealt with, but that require clarification. I do not want to reserve any judgment or order at this interim stage. This matter will have to be heard on a reasonably early date and this will not be before me.”

CJI Khanna demits office on May 13 and will be succeeded by CJI-designate Justice Gavai a day after his superannuation.

“We have not very deeply gone into the counter affidavit (of the Centre). Yes, you have raised certain points in regards to registration (of Waqf properties) and have given some disputed figures, that will require some consideration,” the CJI said.

“We would have loved to pursue your lordship (the CJI) as every contention has an answer. But, we cannot embarrass you because there is no time,” Solicitor General Tushar Mehta, appearing for the Centre, said while indicating the retirement of the CJI.

“It is painful to remind your lordship (about the retirement),” the law officer added.

“No no I am looking forward to it,” the CJI responded.

Earlier, the Centre had assured the apex court on April 17 that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the Central Waqf Council and boards till May 5.

The Centre made the assurance while informing the bench that the law, passed by Parliament with "due deliberations", should not be stayed without hearing the government.

The batch of five petitions are now titled ‘In Re the Waqf (Amendment) Act, 2025’ and they include the one filed by AIMIM chief and Hyderabad MP Asaduddin Owaisi.

In its affidavit on April 25, the Centre defended the amended Act and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

Justifying a provision on "waqf by user" properties, it said any interference would create a "legislative regime by a judicial order".

Waqf by user refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn't a formal and written declaration of waqf by the owner.

The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5. The Bill was cleared by the Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.

Several political parties such as the DMK, YSRCP, AIMIM, the Left parties, civil society groups such as NGOs, Muslim bodies and others have moved the apex court challenging the validity of the Act.