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Supreme Court Puts Key Waqf Act Amendments on Hold; Govt Assures No Immediate Changes


New Delhi: The Supreme Court on Thursday recorded the Central government’s assurance that certain contentious provisions of the Waqf (Amendment) Act, 2025—including the inclusion of non-Muslims in Waqf Boards and the de-notification of properties previously declared as Waqf—will not be enforced for now.

A three-judge bench, led by Chief Justice of India (CJI) Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan, took note of Solicitor General Tushar Mehta’s statement that:

  • No new appointments will be made to Waqf Boards and Councils under the 2025 Act.

  • The status of already notified Waqf properties (including those recognized by courts as Waqf by usage) will remain unchanged.

The court granted the government seven days to file its response, after which petitioners can submit their rejoinders within five days. The next hearing is scheduled for May 5, where interim orders will be considered.

Background of the Legal Challenge

The Waqf (Amendment) Act, 2025, passed by Parliament in early April, amends the 1995 law to regulate Waqf properties—Islamic religious or charitable endowments. Petitioners, including Congress MP Mohammad Jawed and AIMIM’s Asaduddin Owaisi, argue that the amendments:

  • Discriminate against Muslims by selectively targeting Waqf properties.

  • Remove the concept of "Waqf by user", jeopardizing centuries-old mosques, graveyards, and charitable properties without formal deeds.

  • Grant excessive powers to District Collectors to decide Waqf disputes.

  • Allowing non-Muslim members in Waqf Boards is raising concerns over interference in religious matters.

Meanwhile, six BJP-ruled states (Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam) have supported the amendments, citing administrative concerns.

Court’s Skepticism

During Wednesday’s hearing, the bench questioned:

  • How historical Waqf properties (like the 15th-century Jama Masjid) could prove their status under the new law.

  • Why are non-Muslims being included in Waqf Boards when Hindus are not allowed in similar Hindu endowment bodies?

  • Whether District Collectors should have sweeping powers over religious property disputes.

CJI Khanna remarked, “When a public trust is declared a Waqf 100 or 200 years ago, you can’t suddenly rewrite the past.”


Today’s Hearing

SG Mehta urged the court not to impose a stay, arguing that the law was enacted after extensive consultations. However, the bench maintained that the status quo must be preserved until a final decision.

“We are not staying the entire law, but we must ensure the existing situation isn’t disturbed,” CJI Khanna said. The court clarified that no new Waqf Board appointments will be made, and already notified Waqf properties will remain protected until further orders.

The case will next be heard on May 5.

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