Supreme Court resumes hearing on Waqf law, may consider stay on key provisions
The Supreme Court has resumed hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, and is considering whether to stay certain provisions of the law, notably the concept of ‘waqf-by-user,’ representation of non-Muslims on waqf boards, and the powers of the Collector to alter the status of disputed waqf land.
The court indicated that, generally, legislation is not stayed unless in exceptional circumstances, but due to the potential large-scale impact of de-notifying ‘waqf-by-user’ properties, it is contemplating an interim stay.
The court’s concern revolves around the significant consequences of de-notifying properties deemed waqf by long-term use, which could affect numerous properties and the management of waqf institutions.
The hearing also addressed issues related to violence during protests and the broader implications of the law, with the court emphasizing the need for careful consideration of the law’s impact on religious and property rights.
