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In a significant development, the Supreme Court of India on Wednesday indicated the possibility of passing an interim order to stay certain contentious provisions of the Waqf (Amendment) Act, 2025. This comes in light of mounting legal challenges and widespread concerns regarding potential constitutional violations and communal sensitivities.
A three-judge bench, comprising Chief Justice Sanjiv Khanna, and Justices PV Sanjay Kumar and KV Viswanathan, expressed deep concern, particularly over the ongoing violence in West Bengal’s Murshidabad district, reportedly linked to Waqf-related issues.
The bench highlighted the following sections of the Waqf Amendment Act that may be put on hold through an interim order:
Inclusion of non-Muslims in Waqf Boards and the Central Waqf Council, a major shift from the earlier Muslim-only structure.
De-notification of properties declared as Waqf by courts, including those classified as Waqf-by-user.
Powers granted to district collectors to decide whether a property is a Waqf—raising concerns about executive overreach and conflict of interest.
Though the court stopped short of issuing an immediate stay, the CJI was about to dictate the interim order, but Solicitor General Tushar Mehta and other counsels requested time to present arguments, leading the court to schedule the next hearing for Thursday at 2 PM.
CJI Sanjiv Khanna voiced serious reservations about the retroactive power granted to the government to declassify century-old Waqf properties, calling it an attempt to rewrite historical facts. The court raised particular concern over the requirement to produce registered deeds for Waqfs established centuries ago, many of which were created by usage.
“Before the British came, there was no registration system. Many masjids are from the 14th or 15th century. Requiring a registered deed now is impossible,” the CJI said.
Several senior advocates appeared before the court, strongly opposing the Act:
Kapil Sibal argued that the amendment unconstitutionally allows a government officer (the Collector) to act as both the judge and interested party in Waqf property disputes.
Rajeev Dhavan emphasized that Waqf is an essential part of Islam, and any restriction undermines religious freedom.
Abhishek Manu Singhvi warned that removal of ‘Waqf-by-user’ recognition could immediately render around 4 lakh out of 8 lakh Waqf properties illegal.
The CJI himself noted that iconic properties like the Delhi High Court building and Oberoi Hotel reportedly fall on Waqf-by-user lands—further complicating matters.
SG Tushar Mehta defended the Act, stating that it had undergone extensive consultation through the Joint Parliamentary Committee (JPC) and was passed after a robust debate in both Houses of Parliament. He asserted that the reforms aim at transparency and regulation, but the bench remained unconvinced about potential adverse effects on existing Waqf rights.
Several prominent individuals and organizations have challenged the constitutional validity of the Waqf (Amendment) Act, 2025:
MPs from AIMIM, Congress, AAP, RJD, DMK, YSR Congress, and TVK.
Religious bodies including Jamiat Ulema-i-Hind, All India Muslim Personal Law Board (AIMPLB), Sunni scholars’ associations, and civil rights NGOs.
Public Interest Litigations have also been filed, alleging discrimination against non-Muslims, and demanding equal safeguards for religious properties of other communities.
On the other hand, BJP-led state governments from Rajasthan, Haryana, Maharashtra, Madhya Pradesh, Assam, Uttarakhand, and Chhattisgarh have filed impleadment applications supporting the Act. Hindu organizations such as Akhil Bharat Hindu Mahasabha, Hindu Sena, and tribal rights groups have also urged the court to uphold the law and ensure parity.
Can a government officer like the Collector unilaterally decide religious property status?
Is it constitutionally valid to include non-Muslims in Muslim religious boards?
Does the removal of ‘Waqf-by-user’ violate centuries-old traditions and religious autonomy?
Can court-declared Waqf properties be de-notified by an executive amendment?
The Supreme Court's final verdict could reshape the religious property rights landscape in India. The outcome will directly impact thousands of properties and potentially influence similar governance mechanisms for other religious communities.
Stay tuned for updates after the next hearing.
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