India’s top court stays controversial provisions of Waqf Act

Centre vs Constitution? Court grills govt over key amendments

THE WORLDVIEW

April 18, 2025

THE Supreme Court of India has issued an interim order, partially staying the implementation of Waqf (Amendment) Act, 2025, and directed that no non-Muslim be appointed to Waqf Boards or Councils until the next hearing, scheduled for May 5.  

Furthermore, the court said the provision of ‘waqf by user’ — which was omitted under the amended law — must not be denotified in the interim. The court order came as a great relief to the secular parties in the country and to the Muslim community. The passage of the Act had been described as the biggest body blow to the community since the demolition of the historic Babri Masjid in 1992.

The order ensures that the character of Waqf properties remains unchanged for the time being. While refusing to stay the amended Act entirely, the Court emphasised that all Waqf properties — irrespective of their classification — must be preserved in their current form. Additionally, no new appointments are to be made to any Waqf Board during this period.

According to credible news organisations, the Central government was granted seven days to submit its preliminary response along with relevant documentation. Petitioners were allowed five days thereafter to file rejoinders.

Concerns over 'Waqf by user'

On Wednesday too, the bench — headed by Chief Justice of India Sanjiv Khanna and comprising Justices Sanjay Kumar and K.V. Viswanathan — had raised serious concerns over the removal of the 'waqf by user' principle, which historically recognised properties as Waqf based on longstanding religious use. The bench warned that abolishing this provision could lead to "far-reaching consequences", though it refrained from issuing a complete stay on the amended law.

During the hearing, the court also strongly criticised the government’s defence of allowing non-Muslims on Waqf Boards. The Centre had argued by analogy that if only Muslims could serve on Waqf bodies, then only Muslim judges should preside over Waqf-related cases. The Court rejected this comparison as inappropriate.

Chief Justice Khanna posed a direct question to the Government’s counsel: “Are you suggesting that minorities, including Muslims, should also be appointed to boards managing Hindu religious institutions? If so, please state that position clearly.”

Broader implications and political reactions

Solicitor General Tushar Mehta, appearing for the Centre, defended the legislation, stating that it was a response to numerous public representations highlighting the declaration of entire villages as Waqf property. He argued that the issue carried significant public interest and cautioned the Court against making hasty interim rulings, warning that staying the amended Act would be "an extremely harsh step."

The case has attracted 73 petitions challenging the constitutional validity of the law, which critics claim disproportionately affects minority rights—particularly those of Muslims.

Muslim Member of Parliament Asaduddin Owaisi called the amended Act “unconstitutional” and reiterated his opposition to the changes. “The Court has stated that the Central and State Waqf Councils will not be constituted for now, and that 'waqf by user' cannot be erased,” he said. Owaisi added that he had opposed the amendments during the Joint Parliamentary Committee deliberations and would continue the legal battle against the law.

Meanwhile, West Bengal Chief Minister Mamata Banerjee criticised the Bharatiya Janata Party (BJP) for its alleged double standards on issues involving Muslims. In a veiled attack on Prime Minister Narendra Modi, Banerjee remarked: “You speak against Muslims here, but when visiting Saudi Arabia or the UAE, you gladly accept their hospitality.” She described this as a contradiction in the BJP’s domestic and international stances.