No Changes To Existing Waqfs, Including ‘Waqf by User’, Till Next Hearing : Supreme Court

The Supreme Court on Thursday stayed the implementation of specific provisions of the Waqf Law notably the removal of the ‘waqf by user’ clause and the appointment of members to Waqf boards and the Central Waqf Council. The stay will remain in effect until the next hearing scheduled for May 5.​

During the proceedings, Solicitor General Tushar Mehta, representing the Centre, assured the bench that no new appointments would be made to the Waqf boards or the Central Waqf Council until the matter is resolved. The court granted the Centre seven days to file a detailed response to the petitions challenging the constitutional validity of the amendments.​

The Waqf (Amendment) Act, 2025, has faced criticism for several of its provisions:​

• Inclusion of Non-Muslim Members: The Act mandates the inclusion of non-Muslim members in Waqf boards and the Central Waqf Council, a move critics argue undermines the religious autonomy of Muslim institutions.​
• Removal of ‘Waqf by User’: The elimination of the ‘waqf by user’ provision, which recognized properties used for religious purposes over time without formal documentation, has raised concerns about the potential loss of historically significant waqf properties
• Centralization of Authority: The Act grants district collectors the authority to determine the ownership of disputed waqf properties, shifting power away from traditional Waqf boards.​

Several political parties and organizations, including the Communist Party of India (CPI) and the Indian Union Muslim League (IUML), have filed petitions in the Supreme Court challenging the constitutional validity of the Act. They argue that the amendments infringe upon the rights of the Muslim community to manage their religious affairs, as protected under Articles 25 and 26 of the Indian Constitution

The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, by Minority Affairs Minister Kiren Rijiju. It was passed by the Lok Sabha on April 3, 2025, and by the Rajya Sabha on April 4, 2025. President Droupadi Murmu gave her assent on April 5, 2025, bringing the Act into force on April 8, 2025.​

The passage of the Act has led to widespread protests across the country. In West Bengal’s Murshidabad district, demonstrations turned violent, resulting in three deaths and over 200 arrests. Protesters have expressed concerns that the amendments threaten the sanctity and autonomy of waqf properties and institutions.​

The Supreme Court has scheduled the next hearing for May 5, during which it will consider the Centre’s response and the arguments presented by the petitioners. The outcome of this case could have significant implications for the management and governance of waqf properties in India.​