In a significant development, the Supreme Court of India on April 17, 2025, intervened in the implementation of the Waqf (Amendment) Act 2025. This move came after Solicitor General Tushar Mehta, representing the Centre, made crucial concessions in response to multiple petitions challenging the constitutional validity of the new amendments.
"No non-Muslim will be appointed to the Central Waqf Council or State Waqf Boards as per the amended provisions until the next hearing," said SG Tushar Mehta before the Supreme Court.
Additionally, the Court was assured that no Waqf properties, including waqf-by-user, would be de-notified or have their legal status changed until the matter is heard again.
The Supreme Court, comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan, formally recorded these statements in its interim order and fixed the next date of hearing on May 5, 2025 at 2 PM.
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Centre's Position and Court’s Response
During the hearing, SG Mehta emphasized the gravity of staying a legislation and sought a week's time to respond formally. He argued:
"Your Lordships are taking a serious and harsh step by staying statutory provisions directly or indirectly without proper assistance. We have received lakhs of representations — people’s private properties were taken as Waqfs."
In response, CJI Khanna clarified that the Court’s concern was to preserve the current legal status of Waqf properties during the pendency of the case:
"We do not want a drastic change in the prevailing situation that affects the rights of the parties."
The Court stressed that while it generally does not stay legislation, it must ensure that pending petitions are not rendered ineffective by actions that alter the legal landscape.
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Court’s Observations on Key Amendments
The bench flagged several concerns with the 2025 amendments, particularly the removal of “waqf-by-user” recognition and the inclusion of non-Muslims in Waqf governance bodies.
“Can centuries-old waqf-by-user properties, like Delhi’s Jama Masjid, be forced to produce a deed now?” CJI asked, highlighting the impracticality of such demands.
Senior Advocate Kapil Sibal, appearing for petitioners including Asaduddin Owaisi, argued that:
“Most waqfs, including iconic religious sites, are waqf-by-user. Demanding documentary proof for waqfs established centuries ago is unjust and unworkable.”
Proposed Interim Measures by the Court
Though an interim order was proposed a day earlier, it was withheld to allow the Union time to respond. The Court outlined the following proposed measures:
- All properties declared as waqf—whether by deed or usage—shall not be de-notified while the matter is under consideration.
- The new proviso regarding Collector’s inquiry into disputed properties shall not be enforced.
- All members of Waqf Boards and the Central Waqf Council must be Muslim, except ex-officio members.
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Concerns Over Fundamental Rights and Constitutional Validity
Kapil Sibal argued that the amendments are unconstitutional, stating that allowing non-Muslims in religious administrative bodies violates the freedom of religion under the Constitution.
CJI posed a pointed question to the Solicitor General:
“Would you allow minorities, including Muslims, to be appointed to Hindu religious Boards? Please answer that openly.”
SG Mehta responded that, excluding ex-officio members, only two non-Muslims would be included and agreed to file an affidavit confirming that the current board composition will not be changed.
Who Are the Petitioners?
The case involves a wide array of petitioners, including:
- AIMIM MP Asaduddin Owaisi
- Delhi MLA Amanatullah Khan
- Association for Protection of Civil Rights
- Jamiat Ulema-i-Hind
- All India Muslim Personal Law Board
- TMC MP Mahua Moitra
- IUML, RJD, SP, DMK, CPI, among others.
Also supporting the legislation are intervention applications from BJP-led States such as Assam, Rajasthan, Chhattisgarh, Haryana, Uttarakhand, and Maharashtra.
Read Also:- Sikh Person Challenges Waqf Amendment Act 2025 in SC, Cites Violation of Constitutional Secularism
Common Provisions Under Challenge
The petitions challenge several controversial provisions in the 2025 amendments, including:
- Omission of the waqf-by-user concept.
- Inclusion of non-Muslims in governing councils.
- Capping the number of women members to two.
- Requirement of 5 years Islamic practice to create waqf.
- Dilution of waqf-alal-aulad (family waqfs).
- Application of Limitation Act to waqf disputes.
- Restrictions on waqfs over protected monuments and scheduled areas.
- Renaming of the original Act to Unified Waqf Management, Empowerment, Efficiency and Development Act.
The Court has designated five writ petitions, including the one filed by Asaduddin Owaisi, as lead cases. The rest will be treated as intervention or impleadment applications.
Both petitioners and respondents have been directed to submit replies within seven days, and rejoinders within five days thereafter.
“We clarify that the next hearing will be preliminary. Interim orders may be passed if necessary,” the Court stated.
Case Details: ASADUDDIN OWAISI v. UNION OF INDIA|W.P.(C) No. 269/2025 and others
Day 1's Hearing Can Be Read Here: SC Proposes Interim Order to Protect Court-Declared Waqf Properties Amid Waqf Amendment Act Challenge
