Waqf Act: Supreme Court proposes to stay key provisions
The top court also expressed concern over the violence that followed the law's enactment and said it was disturbing when it was seized of the matters
The Supreme Court on Wednesday (April 16) proposed to stay certain key provisions of the Waqf (Amendment) Act, 2025, including the power to denotify properties declared as waqf by courts and inclusion of non-Muslims in central Waqf councils and boards.
The top court proposed to pass the order, which was opposed by the Centre as it sought a detailed hearing before any such interim order.
The hearing relating to 72 petitions against the constitutionality of the Waqf (Amendment) Act, 2025 took place before a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan.
Hearing to continue on Thursday
The Bench, which will continue with the hearing on Thursday, was miffed over the inclusion of non-Muslims in the central waqf councils and boards and asked the Centre whether it was willing to include Muslims in Hindu religious trusts.
After hearing solicitor general Tushar Mehta for the Centre and senior lawyers including Kapil Sibal, Rajeev Dhavan, Abhishek Singhvi, C U Singh for Muslim bodies and individual petitioners, the CJI proposed to issue the notice and to pass an interim order, saying it will "balance the equities".
Observing some provisions could have "grave ramifications", particularly those that potentially undermine judicially recognised waqf properties, the CJI proposed the order.
"The properties declared as waqfs by the courts should not be de-notified, whether they are by waqf-by-wser or waqf by deed while the court is hearing the challenge to the Waqf Amendment Act 2025," the CJI proposed.
The top court also expressed concern over the violence that followed the law's enactment and said it was disturbing when it was seized of the matters.
Also read: Waqf Act violence in Bengal: Who gains from the chaos?
The Bench also hinted to stay a provision of the amended law, which says a waqf property will not be treated as waqf during the inquiry of the collector to decide if the property is a government land.
Exclusive: Kapil Sibal calls Waqf law 'unconstitutional', alleges political agenda
"All members of waqf boards and the central waqf council must be Muslims, except the ex-officio members," the CJI said.
Sharp exchanges
The Bench took note of the provision-wise objections to the Act and expressed reservations on several aspects of the legislation, including the inclusion of non-Muslims in the central waqf council and state waqf boards.
It also objected to empowering district collectors to adjudicate disputes related to waqf properties and the provisions allowing de-notification of properties declared as waqf by competent courts.
"Ordinarily, courts do not interfere at the admission stage when a law is passed. But this case may warrant an exception. If a property declared as waqf by user is denotified, it can have grave ramifications," the CJI said.
The hearing saw sharp exchanges between the bench and the solicitor general when the judges questioned the logic behind permitting non-Muslims in waqf governance, while a similar reciprocity did not apply to Hindu religious endowments.
"Are you suggesting that Muslims could now be part of Hindu endowment boards as well? Please state it openly," it told Mehta.
Centre’s caveat
The Centre, on April 8, filed a caveat in the apex court and sought a hearing before any order was passed in the matter. A caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.
Also read: Waqf Act: AIADMK slams Modi’s remarks, says BJP 'bulldozing' one section of people
The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses. The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
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Live Updates
- 16 April 2025 5:14 PM
Muslim clerics welcome Mamata's advice to meet Prez, PM over Waqf Act reservations
Leaders of the Muslim community on Wednesday welcomed West Bengal Chief Minister Mamata Banerjee's suggestion to them to seek appointment with President Droupadi Murmu and Prime Minister Narendra Modi to express their reservations over the Waqf (Amendment) Act.
All India Imam Association chief Maulana MD Bakibillah Molla described Banerjee's advice as "positive", and said they would soon hold a meeting to decide on meeting the President and the prime minister.
"We will soon hold a meeting over the issue. We also appeal to people to maintain peace and not take law into their hands, and not pay heed to any provocation," Molla told PTI.
The clerics also condemned the violence in Bengal’s Murshidabad district, where at least three people have been killed and hundreds rendered homeless mainly in Suti, Samserganj, Dhulian and Jangipur during recent protests against the Waqf Act.
West Bengal Furfura Sharif cleric Pirzada Toha Siddiqui claimed that no Hindus were attacked in Murshidabad, and accused the BJP of spreading false information to “confuse” common people and incite violence.
"We welcome the CM's proposals and we will fight against this Act," he said.
- 16 April 2025 4:50 PM
Delighted that SC proposed to stay egregious aspects of Waqf Act: Mahua Moitra
Trinamool Congress MP Mahua Moitra on Wednesday welcomed the Supreme Court's proposed orders in a PIL against the Waqf Amendment Act, and hoped there would be a follow-through when the court resumes the hearing the next day.
The Supreme Court on Wednesday proposed to order that the properties declared as waqf, including "waqf by user," won't be de-notified, but the Centre opposed the suggestion and sought a hearing before such a directive.
The top court also asked the Centre if Muslims would be allowed to be part of Hindu religious trusts. It went on, "All Members of the waqf boards and the central waqf Council must be Muslims, except the ex-officio members." In a post on X, Moitra, who is one of the petitioners against the Waqf (Amendment) Act, said she is "delighted that SC proposed to stay three really egregious aspects" of the Act, and asked the government some tough questions.
In a video message, she said the SC put a "temporary stay" on certain provisions, and she welcomes it.
"Today, the Chief Justice of India and the Honourable Bench proposed an interim stay in the Waqf matter during the hearing. This is very good news and we hope there will be a follow-through tomorrow," Moitra said.
She said the proposed order of not denotifying Waqf properties was a relief.
"The second relief is that while disputed Waqf property, the collector or the district magistrate cannot under any circumstances take that property back during the course of the inquiry," she said "So, the danger or the uncertainty that any disputed property will go into the government's hands, while the property's ownership is being decided by the collector, will be stayed," she said.
"The third most important thing that the Supreme Court has proposed, the relief, is that in the state Waqf boards and the central Waqf council, nobody except from the ex-officio members will be non-Muslim. So, the danger that the above amendment had, for example, in the central work of the council, was that out of 22 members, there could be a scenario where 10 would be Muslim and 12 would be non-Muslim," she said.
"Today, that does not seem a possibility, because the maximum members, which will be ex-officio, will be two. So, there will be a Muslim majority on the state Waqf boards and in the central Waqf council. So, these three measures of interim relief that the Supreme Court has proposed are definitely extremely reassuring," she said.
Moitra, who spoke on behalf of the petitioners, said they hope that the proposals will be made concrete in the form of a firm state Thursday, when the hearing resumes.
The bench, which did not issue a formal notice as of now, said it would resume hearing on the petitions at around 2 pm.
The top court also expressed concern over the violence that followed the law's enactment and said it was disturbing when it was seized of the matter.
- 16 April 2025 10:47 AM
Case to be heard tomorrow
The Waqf Act case will be heard again tomorrow at 2 PM. SC refrains from passing an interim order today after initially proposing to do so.
- 16 April 2025 10:38 AM
High court to handle pleas?
CJI Sanjiv Khanna said one high court may be asked to deal with the pleas.
The Waqf Act will have all-India ramifications, and pleas should not be referred to any one high court, said senior counsel Abhishek Singhvi.
Talking about how the Bill was taken forward, the SC noted that a Joint Parliamentary Committee was constituted, and an elaborate exercise was undertaken.
- 16 April 2025 10:34 AM
Muslims in Hindu trusts
The SC bench asked the Centre whether it is willing to allow Muslims to be part of Hindu religious trusts.
- 16 April 2025 10:33 AM
Waqf by user
"Waqf by user" is an established practice of Islam and this cannot be taken away, argued senior advocate Huzefa Ahmadi for a litigant.
The SC said undoing "waqf by user" will create problems, and there has been some misuse of this. It asked the Centre how "waqfs by user" would be registered, as there may be a lack of documents.
- 16 April 2025 9:37 AM
Abhishek Manu Singhvi seeks stay on Waqf 2025 Act
Senior advocate Rajeev Dhawan, appearing for one of the petitioners, says the amendment violates Muslims' right to practice religion and charity is an essential religious practice of Islam.
Senior advocate Abhishek Manu Singhvi also argues against Waqf 2025 Act and seeks stay on the Act.
CJI Khanna says when he was in Delhi High Court we were told that the land is Waqf land. Don't misunderstand us… we are not saying all Waqf by user is wrongly registered…
Supreme Court says it can even direct one High Court to hear the case and that way it will have benefit of the High Court judgment.
- 16 April 2025 9:36 AM
Sibal: Only Muslims had been part of Waqf Council and Boards
Senior advocate Kapil Sibal says that only Muslims had been part of Waqf Council and Boards but now after the amendment, even Hindus can be a part of it. This is direct usurpation of fundamental rights by parliamentary enactment.
