The Indian government has assured the Supreme Court that it will temporarily suspend certain provisions of the Waqf (Amendment) Act 2025. This decision comes amid legal challenges questioning the constitutional validity of the amendments, particularly concerning the inclusion of non-Muslims in Waqf Boards and the de-notification of ‘waqf by user’ properties.
Background: The Waqf (Amendment) Act 2025
The Waqf (Amendment) Act 2025 introduced significant changes to the management of waqf properties in India. Key provisions included:
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Allowing non-Muslims to be appointed to the Central Waqf Council and State Waqf Boards.
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Granting district collectors the authority to de-notify waqf properties, including those recognized through long-standing use (‘waqf by user’).
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Streamlining the registration process of waqf properties through a central portal.
These amendments aimed to enhance transparency and efficiency in waqf property management but faced criticism for potentially infringing upon the religious rights of the Muslim community.
Supreme Court’s Intervention
Multiple petitions were filed challenging the constitutional validity of the Waqf (Amendment) Act 2025. Petitioners argued that the inclusion of non-Muslims in waqf management bodies and the de-notification provisions violated the religious freedoms guaranteed under the Constitution.
On April 17, 2025, the Supreme Court, led by Chief Justice Sanjiv Khanna, expressed concerns over these provisions. The Court recorded the government’s assurance that:
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No new appointments of non-Muslims to the Central Waqf Council or State Waqf Boards will be made until further notice.
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No waqf properties, including those recognized as ‘waqf by user,’ will be de-notified or have their status altered.
The Court directed the government to file its response within seven days and scheduled the next hearing for May 5, 2025.
Government’s Position
Solicitor General Tushar Mehta, representing the government, emphasized that the amendments were introduced to address longstanding issues in waqf property management. He stated that the inclusion of non-Muslims was intended to bring diverse perspectives and enhance administrative efficiency, not to interfere with religious practices.
Regarding the de-notification of waqf properties, Mehta argued that the provisions aimed to rectify anomalies and prevent misuse of the ‘waqf by user’ concept, ensuring that only legitimate waqf properties are recognized.
Opposition and Community Response
Opposition parties and Muslim organizations have welcomed the Supreme Court’s intervention. The All India Muslim Personal Law Board and Jamiat Ulama-e-Hind, among others, have expressed concerns that the amendments could lead to the erosion of Muslim community rights over waqf properties. AP
Congress leader Mallikarjun Kharge criticized the inclusion of non-Muslims in waqf management, questioning why similar inclusivity isn’t applied to Hindu temple boards. He argued that the amendments represent a targeted approach against the Muslim community.
Implications and Next Steps
The Supreme Court’s directive to maintain the status quo provides temporary relief to those opposing the amendments. The upcoming hearing on May 5, 2025, will be crucial in determining the future of the contested provisions.
Legal experts suggest that the Court’s final decision could set significant precedents regarding the management of religious endowments and the extent of governmental intervention permissible under the Constitution.
Conclusion
The temporary suspension of key provisions of the Waqf (Amendment) Act 2025 underscores the importance of balancing administrative reforms with constitutional safeguards for religious communities. As the legal proceedings continue, stakeholders await a resolution that upholds both the integrity of waqf institutions and the principles enshrined in the Constitution.
