Lagatar24 Desk
New Delhi: The Central government on Thursday assured the Supreme Court that no fresh appointments to Waqf boards will be made and there will be no change in the status of existing waqf properties, including those claimed under the controversial ‘waqf by user’ clause, until further orders from the court.
This comes amidst multiple petitions challenging the amendments introduced under the Waqf Amendment Act, 2025, which brought sweeping changes to how Muslim charitable and religious properties are managed across India.
Court’s Concern Over ‘Waqf By User’ Provision
The Supreme Court bench, led by Chief Justice Sanjiv Khanna, expressed concern over the ‘waqf by user’ clause, which permits properties to be declared as waqf merely based on long-term religious or charitable use, even without legal documentation.
“We are not saying all ‘waqf by user’ is wrong… but there is concern,” the Chief Justice noted during the hearing.
Controversial Amendments Paused
Solicitor General Tushar Mehta, representing the Centre, informed the court that no action will be taken under Sections 9 and 14 of the amended Act — sections that restructure the Waqf Council and state boards by limiting Muslim representation to a minority.
These provisions have been met with resistance from community leaders, opposition parties, and civil society groups, sparking nationwide protests, especially in West Bengal, where three people were killed during demonstrations. The Bengal government, led by Mamata Banerjee, has openly refused to implement the revised law, triggering a political standoff with the BJP.
CJI: “Will Muslims Be Allowed On Hindu Boards?”
The apex court also questioned the logic of reducing Muslim majority representation on Waqf boards, with the CJI pointedly asking whether the Centre would allow Muslims to be appointed to Hindu religious endowment boards, thereby raising concerns of religious parity and fairness.
Court To Focus On Key Petitions Only
Given the large volume of petitions — over 100 — filed against the Waqf law changes, the bench clarified that only five writ petitions would be actively heard. The rest would be treated as disposed of. The Centre now has one week to file its response, with petitioners given five days thereafter to reply.
Background: Why The Protests And Petitions?
The amended Waqf Act not only reduces Muslim representation but also removes automatic waqf recognition for properties historically used for religious purposes (waqf by user) — a move seen by many as erasing centuries-old community assets.
The Supreme Court had earlier considered issuing an interim stay on some provisions but held back after the Centre sought time to respond. However, the court noted three main issues it will assess:
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Whether previously court-declared waqf properties (by user) can now be invalidated.
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Whether allowing non-Muslim majority in Waqf boards infringes on community rights.
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Whether properties under dispute or inquiry can still be treated as waqf.
Opposition Mounts Pressure, Court To Resume Hearing
The case has drawn opposition from major political parties — Congress, AAP, DMK, CPI, and even JDU, a BJP ally from Bihar. Several religious bodies, including Jamiat Ulema-e-Hind and All India Muslim Personal Law Board, have also challenged the law, citing violations of religious freedom and equality under the Constitution.
The next hearing is scheduled for April 17, when the court may deliberate on interim relief and broader constitutional implications.
