Today, On 17th April, The Centre assured the Supreme Court that there will be “no Waqf appointments, no change in status until the next hearing,” and confirmed that no non-Muslims would be appointed to Waqf boards for now.
New Delhi: On the Day,2 hearing of the constitutional validity of the new Waqf Amendment Act, 2025, the Supreme Court of India, led by Chief Justice Sanjiv Khanna expressed caution while dealing with petitions seeking to stay the operation of the amended law.
The court made it clear that the present situation regarding Waqf properties must remain undisturbed while the matter is sub judice.
A three-judge bench consisting of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan heard the matter.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
Appearing for the Union of India, Solicitor General Tushar Mehta began the hearing by expressing his concern over the potential implications of granting an interim stay on the new Waqf law.
SG Mehta said,
“I want to say something with respect and concern. This court is considering stay directly or indirectly which is rare,”
He urged the Bench to consider the wider legal context and historical framework before taking any such step.
“I am respectfully urging representing the Union. The questions are going to be there. The difficulty is putting it candidly… these are not issues which should lead to staying… based on prima facie reading of some sections. We need to read past amendments, past acts etc.”
Raising critical concerns about the scope of the Waqf Board’s claims, SG Mehta said,
“We received lakhs and lakhs of representation… villages and villages are taken as waqf. So much land is claimed as waqf. This court may hear it… but… this question needs assistance. A large number of people has questions on their property etc.”
SG Mehta replied,
“But this is a harsh step. Please give me a week to file a preliminary reply with some documents. This is not a matter which can be considered like this.”
In response, the Chief Justice of India, acknowledging the complexity of the issue, stated:
“We had said there were some positive things in the law. We have stated that there cannot be a complete stay. But we also don’t want the situation to change which is prevailing now… so that it affects… like the 5 years following Islam one… we are not staying that… But some…”
Reinforcing the court’s approach, the CJI added,
“When the matter is pending before the court, we have to ensure that the situation as it exists now is not disturbed.”
SG Mehta responded,
“Even to judge the fallout of some decision by you… you need some documents. Allow me to place material on record. Nothing can change within a week.”
The CJI then clarified the court’s interim protection,
“No appointment of board or council can take place. And if registration has taken place under the 1995 Act, then those properties cannot be disturbed. We are saying the executive decides and the judiciary adjudicates.”
SG Mehta responded,
“I will make a statement.”
Senior Advocate Ranjit Kumar raised a concern,
“What is being said that hereafter no waqf shall be registered… if the new act is not followed.”
To this, SG Mehta assured,
“Appointment of the board is in my hands; it will not happen.”
The CJI also noted,
“States are also involved here.”
SG Mehta clarified further,
“If any state makes any appointment till the court decides the case, it will be treated as void.”
Justice Sanjiv Khanna dictated the interim order of the court, recording SG Mehta’s assurance and setting deadlines for filing replies:
“During course of hearing, SG Mehta states that the respondents would like to file a short reply within 7 days and assured that till next date no appointment shall take place to the board and councils under the 2025 Act. He also assures that waqfs including waqf by user already declared by notification or gazetted… their status shall not be changed. Let the reply be filed within 7 days. Reply to that be filed within 5 days of the service.”
The court also directed consolidation of the writ petitions,
“Only five writ petitioners to be in court from next hearing. We only want 5 here. You select 5. Others will be treated as either applications or as disposed off. We will not mention name.”
The matter will now be called “In Re: Waqf Amendment Act”, and the CJI directed appointment of a nodal counsel for coordination.
The CJI emphasized clarity on the scope of the petitions,
“I have said waqf declared or registered including Waqf by user.”
“It is agreed that parties shall identify petitions that will be treated as lead cases. Let others be treated as applications in the lead matters. There is a continuous flow of petitions even today.”
The Bench also directed segregation of earlier challenges,
“The writ petitions challenging the 1995 Waqf Act and amendments made in 2013 shall be separately shown from this list. Liberty to petitioners as a special case who have filed writs in the 2025 case can also file reply. Union and states and waqf boards shall also file replies within 7 days. Rejoinder in 5 days.”
The matter is now listed for directions and interim orders on May 5, 2025.
Earlier, yesterday, he Supreme Court of India heard petitions against the amended Waqf Amendment Act, 2025. Petitioners argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.
Chief Justice Sanjiv Khanna set the tone by stating, “Before anybody appeals, we will call out names. We cannot hear everybody.” The bench is considering whether to hear the case itself or refer it to the High Court. It also clarified that waqf properties declared by courts will not be de-notified, even if they are waqf by user.
Senior Advocate Kapil Sibal, appearing for petitioners, said,
“What is sought to be done is to intervene in an essential and integral part of a faith… Many provisions of the Act violate Article 26.”
He criticized the definition of waqf under Section 3(r), which requires proof of practicing Islam for five years, asking, “How should the State decide whether and how I am a Muslim or not?”
Sibal also objected to allowing non-Muslims in Waqf Boards, “Only Muslims had been part of such boards. Now even Hindus can be a part. This is direct usurpation of fundamental rights.”
He questioned the abolition of waqf by user and the enhanced powers of the Collector, calling it a “complete takeover.”
SG Tushar Mehta defended the law, noting it was passed after detailed parliamentary scrutiny. The hearing continues, with petitioners seeking an interim stay on the contentious provisions.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
Solicitor General Tushar Mehta represented the Union of India.
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