The Supreme Court is set to pass an interim order in response to multiple petitions challenging the Waqf (Amendment) Act, 2025. The proposed order aims to protect Waqf properties already declared by courts while the legal challenge is ongoing.

No De-Notification of Court-Declared Waqf Properties

• Properties recognized as Waqf by courts—whether through Waqf-by-user or Waqf by deed—should not be de-notified while the case is being heard.

Government Inquiry Proviso Temporarily Suspended

• The amended law states that if a Collector investigates whether a Waqf property is actually government land, it will not be treated as Waqf during the inquiry.
• The Supreme Court suggested this proviso should not be enforced for now.

Read Also:- Supreme Court Expresses Concern Over Violence During Protests Against Waqf Amendment Act, 2025

Only Muslims Can Be Waqf Board Members (Except Ex-Officio Members)

• The Court indicated that non-Muslims should not be part of Waqf Boards or the Central Waqf Council, except for ex-officio members.

CJI Sanjiv Khanna stated:

"Our interim order will balance equities. We will say that whichever properties were declared by the court to be Waqf will not be de-notified or treated as non-Waqf... whether it's Waqf-by-user or not. The Collector can continue proceedings, but the proviso will not be given effect to. Regarding the Board and Council, ex-officio members can be appointed, but other members must be Muslims."

The Court will hear final arguments on the interim order tomorrow at 2 PM.

The three-judge bench (CJI Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan) expressed doubts about several provisions of the Waqf Amendment Act, 2025:

Abolition of Waqf-by-User

• The Act removes the concept of Waqf-by-user, where long-standing religious use establishes a property as Waqf.
• CJI Khanna questioned: "How can Waqf-by-user properties, existing for centuries, be asked to register? For example, Jama Masjid in Delhi—will they now need documents from 300 years ago?"

Read Also:- Sikh Person Challenges Waqf Amendment Act 2025 in SC, Cites Violation of Constitutional Secularism

Government Officer Deciding Waqf Status

• The law allows a government officer to decide if a property is government land, overriding court judgments.
• CJI Khanna asked: "Why should a property not remain Waqf until a civil court decides the dispute?"

Non-Muslims in Waqf Boards

• The amendment permits non-Muslims to be part of Waqf Boards, which petitioners argue violates Article 26 (right to manage religious affairs).
• CJI Khanna questioned: "Can Muslims be included in Hindu temple boards? If not, why should non-Muslims be in Waqf Boards?"

Registration Requirement for Old Waqfs

• Many centuries-old Waqf properties lack formal deeds. The new law mandates registration, which critics say is impractical.
• Senior Advocate Kapil Sibal argued: "The British recorded many Waqf properties as government land. Now, the state is claiming them."

Overriding Court Judgments

• The Act includes a proviso stating that court-declared Waqfs can be ignored if the government disputes ownership.
• CJI Khanna objected: "The legislature cannot declare court judgments void. You cannot rewrite history."

Read Also:- SC Seeks Delhi Police's Response on Cremation of Missing Man as 'Unidentified' Despite Pending Complaint

Petitioners’ Key Concerns

Kapil Sibal (Senior Advocate):

• The law interferes with Islamic personal law by requiring Muslims to prove 5 years of Islamic practice before creating a Waqf.
• "If I am born Muslim, why must I prove my faith to the state?"

Rajeev Dhavan (Senior Advocate):

• AM Singhvi (Senior Advocate):
  • Removing Waqf-by-user affects 4 lakh out of 8 lakh Waqf properties, making them illegal overnight.

Government’s Defense (Solicitor General Tushar Mehta)

• The law was passed after Parliamentary debate and Joint Parliamentary Committee (JPC) review.
• Registration helps prevent fake claims and ensures proper records.
• Non-Muslim members in Waqf Boards ensure transparency, similar to other religious trusts.

Read Also:- Justice Dinesh Maheshwari Appointed as Chairperson of 23rd Law Commission of India

CJI Khanna countered:

"If a Hindu temple board cannot have non-Hindus, why should Waqf Boards have non-Muslims?"

• The Supreme Court will decide on the interim order tomorrow.
• If passed, the order will:
  • Protect existing court-declared Waqfs from de-notification.
  • Block the government inquiry proviso (where Waqf status is suspended during disputes).
  • Ensure only Muslims (except ex-officio members) serve on Waqf Boards.

The final hearing on the constitutional validity of the Waqf Amendment Act, 2025 will continue in the coming weeks.

Quote from the Court:

"You cannot rewrite the past of 100 years back!"
— CJI Sanjiv Khanna on the government’s attempt to override historical Waqf declarations.