Status quo till next hearing: India’s Supreme Court hears petitions on Waqf (Amendment) Act
India’s Supreme Court is currently hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which was passed by Parliament and received presidential assent in early April 2025. The Act has sparked significant controversy and opposition, particularly from Muslim leaders and political parties, who argue that it infringes on the religious rights of the Muslim community and alters the management of Waqf properties in an unconstitutional manner.
Constitutionality and Religious Rights: Petitioners, including AIMIM MP Asaduddin Owaisi and senior advocate Kapil Sibal, argue that the amendments interfere with essential religious practices protected under Articles 25 and 26 of the Indian Constitution. They contend that the Act undermines the faith of millions by allowing government officials excessive powers in deciding Waqf status and by permitting non-Muslims to be appointed to Central and State Waqf Councils, which they claim is unconstitutional.
Status of ‘Waqf by User’: A critical point of contention is the provision related to “Waqf by user” — Waqf properties established by long-standing use or declaration rather than formal documentation. The Supreme Court has recognized that many such Waqfs exist, some dating back hundreds of years, and that requiring deeds for these would be impossible and unjust. The Court has directed that these Waqfs, whether registered or declared, must not be denotified or disturbed until further hearings.
Non-Muslim Membership in Waqf Councils: The Act allows for the appointment of non-Muslims to Waqf Councils and Boards, which has been challenged as undermining the religious character of these bodies. The Supreme Court has questioned the government on this provision, with some observations suggesting that Waqf Boards are statutory administrative bodies rather than purely religious entities, which could justify such appointments.
Government’s Position and Assurances: The Centre, represented by Solicitor General Tushar Mehta, has assured the Court that no appointments will be made to the Central or State Waqf Councils during the pendency of the case. The government has also been given seven days to file a detailed response to the petitions, and the Court has maintained the status quo regarding Waqf properties and appointments until the next hearing scheduled for May 5, 2025.
Supreme Court Orders and Directions
The Supreme Court refused to grant an interim stay on the Waqf (Amendment) Act but ordered that the character of all Waqf properties, including those by user, remain unchanged until the matter is resolved.
No new appointments shall be made to the Central or State Waqf Councils or Boards under the amended provisions during this period.
The Court will consider only five writ petitions out of the many filed, asking petitioners to decide among themselves who will argue the case.
The next hearing is set for May 5, 2025, when the Centre is expected to present its detailed response.
Political and Public Reactions
Leaders like Asaduddin Owaisi and Mehbooba Mufti have expressed strong opposition to the Act, calling it unconstitutional and harmful to Muslim sentiments and rights.
The Supreme Court Bar Association has requested live streaming of the hearings due to overwhelming public interest and overcrowding in the courtroom.
Congress and other opposition parties have criticized the government for what they describe as “retaliation in the guise of reform” with this legislation.
The Supreme Court is actively examining the constitutional challenges to the Waqf (Amendment) Act, 2025, focusing on issues of religious freedom, the status of Waqf properties, and the administrative changes introduced by the Act. The Court has maintained the status quo on Waqf properties and appointments pending further hearings, with a detailed government response awaited by early May 2025.
