The Supreme Court on Thursday refrained from granting an immediate stay on the implementation of the Waqf (Amendment) Act, 2025, but asked the Union Government to respond within a week to a batch of petitions challenging the constitutional validity of the new law.
A bench led by Chief Justice of India Sanjiv Khanna, along with Justices K V Vishwanathan and Sanjay Kumar, heard multiple pleas contesting key provisions of the amended Act, particularly those that expand the role of state officials in determining the legal status of Waqf properties and potentially dilute the exclusive religious character of the Waqf Board.
‘No Stay Yet, But Restrained Implementation’
On April 16, the apex court had indicated it may consider passing an interim order to bar district collectors from denotifying Waqf properties — either in practice or through formal deed — until the matter is finally adjudicated. The court clarified on Thursday that while collectors may continue ongoing proceedings under the new law, the controversial proviso enabling unilateral denotification of properties shall not be given effect to in the interim.
The court’s caution reflects the sensitive nature of the issue, which sits at the intersection of minority rights, property law, and religious freedom. The Waqf Amendment Act, 2025, permits a designated state officer, typically a district collector, to determine whether a property under Waqf control is legally held — a move critics say bypasses judicial oversight and undermines the autonomy of Waqf Boards.
Objections Over Waqf Board Composition
Another contested aspect of the amendment is the provision that allows individuals from non-Muslim backgrounds to be appointed to Waqf Boards. Petitioners have argued that this dilutes the religious character and intent of a body originally established under Islamic endowment principles. The bench has taken note of this objection and is expected to deliberate on the implications in the next hearing.
