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The Supreme Court on Thursday granted the Union government a week’s time to file its response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. In a significant interim order, the court directed that no new appointments or changes to Waqf properties, including those under waqf by user, be made until the next hearing scheduled in May.
Taking note of the Centre’s assurance, the top court said no Waqf property will be denotified or have its character altered, whether by notification or registration, until further orders. The government also stated that no appointments will be made to the Waqf Council or state Waqf Boards during this period.
Chief Justice Sanjiv Khanna, heading the Bench, emphasized the need to “balance equities” and expressed concern over the potential fallout of denotifying waqf-by-user lands. He cited recent communal tensions in West Bengal over the Act as “very disturbing”.
The petitioners argue that waqfs in terms of their creation, management, and administration are protected under the constitutional right to religious practice. In contrast, the Centre has defended the amendments as necessary for enhancing transparency and accountability.
To streamline proceedings, the Supreme Court limited oral arguments to five petitioners and asked each side to appoint a nodal counsel. Following a request by Solicitor General Tushar Mehta, the court also revised the case title to In Re: Waqf (Amendment) Act, 2025, aiming to avoid a flood of new petitions.
The matter will be taken up again in May, with the court maintaining a status quo on land and appointments until then.
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