In a key development, the Supreme Court on Thursday directed the Central Government to maintain status quo on certain provisions of the recently enacted Waqf Amendment Act, 2025, while petitions challenging the law are under consideration. The Centre, through Solicitor General Tushar Mehta, assured the bench that no new appointments would be made to the Central Waqf Council or State Waqf Boards under the amended law until further orders.
The three-judge bench led by Chief Justice Sanjiv Khanna, along with Justices P.V. Sanjay Kumar and K.V. Viswanathan, is hearing multiple petitions contesting the constitutional validity of the amended Act. While 72 petitions have been filed, the Court made it clear that only five would be considered for argument, asking lawyers to coordinate on who would present the lead cases.
The government also assured the apex court that Waqf properties particularly those declared through the controversial “waqf-by-user” clause will not be disturbed or de-notified during this interim period. The status of such properties, already registered under the original 1995 Waqf Act, will remain unchanged. Collectors have also been directed not to alter the status of any waqf land until the matter is heard again on May 5. This interim assurance has been perceived as a sign of the government’s willingness to uphold due process while defending a legislation that seeks to bring long-awaited transparency and regulation to India’s Waqf management system.
While critics of the Waqf Amendment Act argue that it infringes upon religious rights, proponents of the Waqf (Amendment) Act, 2025, argue that it introduces long-needed accountability to the management of waqf assets one of the largest landholding networks in India. The Waqf Amendment Act plugs loopholes and limits arbitrary land claims, especially under the vaguely defined “waqf-by-user” category, which has in the past led to legal disputes and public concern. The law, they argue, protects both waqf assets and the rights of non-Muslim citizens from misuse or arbitrary encroachments. By tightening definitions and procedures, the amendment ensures that only legitimate waqf properties are managed under Islamic charitable mandates.
The Supreme Court, during its Wednesday hearing, raised serious questions about the documentation process involved in claiming waqf-by-user. “How will you register such waqfs by user? What documents will they have?” the bench asked, indicating concern over the lack of legal clarity in such claims. The judges also asked if Muslims could be allowed into Hindu religious trusts, challenging the principle of parity under Article 14 of the Constitution.
The Court has asked the Centre to file its response within a week, with petitioners allowed to submit a rejoinder within five days thereafter. The next hearing is scheduled for May 5. While debates continue around the Bill’s constitutional and communal implications, the Waqf Amendment Act 2025 is being viewed by some as a long-overdue reform that aims to balance religious autonomy with legal accountability in one of India’s most sensitive governance areas.
