New Delhi, April 29 — The Supreme Court on Monday declined to entertain a set of new petitions challenging the constitutional validity of the Waqf (Amendment) Act, saying that similar issues are already under judicial review in related cases. A bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra said that parallel proceedings on the same subject would not be appropriate at this stage.
The Court advised the petitioners to withdraw their pleas or approach the appropriate High Courts where similar cases may be pending. The petitioners had alleged that the Waqf (Amendment) Act infringes on citizens’ rights, especially regarding land and property ownership. They also raised concerns about transparency and the alleged excessive powers of the Waqf Boards.
The Waqf (Amendment) Act, which was enacted to strengthen the administration of Waqf properties in India, has been at the center of multiple legal and political debates. Critics argue that it gives sweeping control to Waqf Boards without sufficient oversight and may interfere with the property rights of individuals and communities. Proponents, on the other hand, view the amendment as a necessary step to protect religious endowments and prevent encroachment or misuse.
During the hearing, Chief Justice Chandrachud observed, “We cannot permit a multiplicity of petitions on the same matter across different forums. Let the already admitted cases be heard and decided first.” He also emphasized the need for judicial discipline and consistency in constitutional matters.
Legal experts noted that while the Court has not yet ruled on the constitutional merits of the Act, its refusal to entertain new petitions signals an intent to avoid judicial clutter and conflicting rulings. “This move streamlines the process and allows the judiciary to focus on the substantive constitutional challenge in a structured manner,” said senior advocate Harish Salve.
The petitioners, while withdrawing their pleas, expressed hope that the Court would soon hear the already pending batch of petitions on the Waqf issue. They reiterated their concerns that the law disproportionately affects non-Waqf landowners, particularly in cases where land is declared Waqf without public notice or fair hearing.
The Union government, in previous hearings, defended the law by stating it provides a legal and administrative structure to ensure the proper use and protection of Waqf properties, which are religious endowments under Islamic law. It also denied allegations that the law violates constitutional guarantees of equality or property rights.
With the legal challenge now narrowed to the earlier batch of petitions, all eyes are on the next date of hearing when the Supreme Court may take up the matter substantively. Until then, the current status of the Waqf (Amendment) Act remains unchanged.
