Today, On 16th April, The Supreme Court, while examining the Waqf Amendment Act, remarked that undoing the concept of ‘waqf by user’ would create huge problems. The Court highlighted the serious impact but did not grant interim relief.
New Delhi: The Supreme Court, while examining a series of petitions challenging the Waqf Amendment Act, inquired of the Centre how ‘waqfs by user’ would be registered given the potential lack of documentation.
The apex court remarked,
“Undoing ‘waqf by user’ will create problems; there has been some misuse of this,”
The Supreme Court requested the government’s response to over 70 petitions contesting the Act but has declined to issue a stay on the law’s operation, stating that it will continue hearings on Thursday.
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The bench stated,
“The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are waqf by user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025,”
The practice of ‘waqf by user’ essentially designates property as waqf if it has been utilized for Islamic religious purposes over a long period, even without formal documentation.
Regarding the inclusion of non-Muslim members in the Central and state Waqf boards, the apex court asked the Centre, “whether it is willing to allow Muslims to be part of the Hindu religious trust.”
The bench, comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan, outlined two key points for discussion.
Chief Justice Sanjiv Khanna said,
“There are two aspects we want to ask both sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue,”
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The CJI added,
“The second point may help us in deciding the first issue to some extent,”
Initially, the bench considered referring the pleas to a single high court but later engaged in extensive discussions with a range of senior advocates, including Kapil Sibal, Abhishek Singhvi, Rajeev Dhavan, and Solicitor General Tushar Mehta, who represented the Centre.
The Supreme Court indicated that it intends to issue an interim order regarding the petitions challenging the Waqf Amendment Act 2025:
- The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are waqf by user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025.
- The court further orders that the proviso of the Amendment Act, which states that a waqf property will not be considered a waqf while the Collector is investigating whether the property is government land, will not be enforced.
- The court also stipulates that all members of the Waqf Boards and Central Waqf Council must be Muslims, except for ex-officio members.
Notably, no interim order was issued after SG Tushar Mehta requested additional time. The top court will reconvene at 2 PM tomorrow to continue hearing the petitions regarding the Waqf Act.
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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