New Delhi, April 18 — India’s Supreme Court on Thursday recorded a commitment from the federal government that it will not alter the status of waqf properties or make new appointments to waqf boards until the court hears constitutional challenges to the Waqf (Amendment) Act, 2025 on May 5.
The three-judge bench, headed by Chief Justice of India Sanjiv Khanna, noted Solicitor General Tushar Mehta’s assurance that no waqf, including those registered under the ‘waqf-by-user’ category, will be de-notified or have its character changed before the next hearing. “We don’t want the prevailing situation to change so drastically that it affects rights of parties,” the CJI said during the hearing.
The court also acknowledged the Centre’s undertaking that it would refrain from appointing members to the Central Waqf Council or state Waqf Boards, a contentious provision of the amended Act which permits inclusion of non-Muslims in such bodies. Mehta further submitted that any such appointments made by state governments during the interim may be declared void.
Mehta requested one week’s time to submit a preliminary affidavit in defence of the amendments, cautioning the court against passing interim orders based on a “tentative reading” of the law. “This is a considered piece of legislation,” he told the bench, citing a century-long history of waqf-related laws and wide public engagement. He also expressed concern over allegations that private properties were being categorized as waqf lands without due process.
The Waqf (Amendment) Act, 2025 has sparked controversy for enabling the inclusion of non-Muslims in waqf governance and broadening the Collector’s powers to determine land status. The Supreme Court had on Wednesday signalled that it may stay several provisions, including those related to the newly recognized waqf-by-user classification.
Justice Sanjay Kumar clarified that Thursday’s proceedings were not intended to decide the case on merit. Mehta, however, urged the court to await the Centre’s detailed response, saying, “Your Lordships will need some documents… if you were to say something about waqf-by-user, what will be the fallout of that?”
In response to a query about waqfs registered under Section 36 of the Waqf Act, 1995, Mehta assured the bench that their status would remain unchanged.
The court granted the Union government, state governments, and waqf boards seven days to file their replies to the pending writ petitions. Petitioners will have five days thereafter to file rejoinders.
CJI Khanna, who retires on May 13, clarified that the May 5 hearing will be preliminary in nature, but interim orders may be issued if necessary.
In a procedural move, the court also directed that writ petitions challenging the 1995 Waqf Act and its 2013 amendments be listed separately from those contesting the 2025 amendment. Petitioners opposing the new law were granted liberty to respond to earlier related petitions.
The case is among the most closely watched legal battles on religious endowments and property rights, with implications for thousands of waqf properties across the country.
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The Chenab Times News Desk
