By In a major development, the Central Government paused critical actions under the amended Waqf Act, 2025, following the Supreme Court’s strong observations. The court had flagged concerns about the inclusion of non-Muslims on Waqf Boards and the classification of properties under ‘waqf-by-user’.
Supreme Court Seeks Status Quo Until May 5
The three-judge bench, led by Chief Justice of India Sanjiv Khanna, directed that no waqf properties, including waqf-by-user lands, shall be de-notified or altered until the next hearing on May 5, 2025. The court also said that no new appointments will be made to the Central Waqf Council or State Waqf Boards during this period.
Solicitor General Tushar Mehta assured the court that the Centre would maintain the current status, acknowledging the court’s concerns about potential legal and social impacts.
Non-Muslim Appointments to Waqf Boards Put on Hold
Responding to judicial concerns, Mehta confirmed that no non-Muslim appointments would be made to the Waqf Boards or the Central Council until further notice. He added that if any state governments proceed with such appointments, they may be considered void.
Centre Requests One Week to Respond
The government has sought seven days to file an affidavit outlining the legislative background and justifications for the amendments. Mehta argued that any judicial stay should come only after reviewing the history of waqf laws—including the 1923, 1954, and 1995 Acts—and the 2013 and 2025 amendments.
He emphasized that the amendments are a result of “widespread public representations,” particularly regarding private land being categorized as waqf property, often without proper resolution in courts.
CJI: Current Situation Must Not Be Disturbed
Chief Justice Khanna reiterated that while courts usually avoid halting legislation at the preliminary stage, the current scenario demands that the existing situation remains unchanged. He clarified that no stay was being imposed yet, but the status quo must be maintained to prevent any disruption to citizens’ property rights.
SC Directs Filing of Replies and Affidavits
The Supreme Court ordered the Union, state governments, and Waqf Boards to file their initial responses to the writ petitions within seven days. Petitioners may file rejoinders within five days after receiving the replies.
Additionally, petitions challenging the 1995 Waqf Act and its 2013 amendments will be listed separately. Of the numerous petitions filed against the 2025 amendments, five lead cases will be prioritized, while others will be treated as intervention applications.
Centre Reassures Court of Compliance
Mehta closed by affirming that the government does not intend to overstep judicial boundaries and is ready to cooperate fully. He assured that no waqf property registered under Section 36 of the 1995 Act will see any change in status during the pending legal proceedings.
