Supreme Court Seeks Centre’s Response on Waqf Act Challenge, No Appointments or Property Changes Till Next Hearing

Centre to file preliminary reply within seven days; SC declines full stay but maintains status quo on appointments and Waqf property decisions

New Delhi, April 17:
The Supreme Court on Thursday recorded the Centre’s request for one week to submit a preliminary response regarding the contentious Waqf (Amendment) Act, 2025, while directing that no new appointments be made to Waqf Boards or Councils and no changes to existing Waqf property statuses occur until further orders.

Appearing for the Centre, Solicitor General Tushar Mehta told the bench led by Chief Justice Sanjiv Khanna, with Justices PV Sanjay Kumar and KV Viswanathan, that the Act had drawn numerous representations and emphasized that staying the legislation entirely would be too extreme.

“The Waqf Act is a considered legislation. We will file a preliminary reply along with documents within seven days,” Mehta stated, adding that the Centre does not oppose the court’s directive to maintain the status quo.

The court declined to impose a blanket stay but emphasized that no alterations should be made to the current situation, particularly concerning Waqf properties registered by user, declaration, or court orders.

Earlier, the court had indicated it may consider staying contentious provisions, including:

• The inclusion of non-Muslims in Waqf Boards and the Central Waqf Council,
• The powers of Collectors to decide Waqf property disputes,
• Provisions related to de-notification of properties already declared Waqf.

The bench stressed balance, stating that existing Waqf declarations made by courts or through customary practice should not be disturbed.

Kapil Sibal’s Objections

Senior advocate Kapil Sibal, representing one of the petitioners, called the Collector’s power to adjudicate Waqf disputes “unconstitutional”, as the officer is “a judge in his own cause.”

“This is parliamentary usurpation of the faith of 200 million persons,” Sibal remarked, opposing non-Muslim inclusion in Waqf institutions.

Widespread Opposition

The court is hearing multiple petitions challenging the Act, filed by:

• MPs Asaduddin Owaisi, Mahua Moitra, Manoj Jha, Faiyaz Ahmad, and others,
• Political parties including AIMIM, Congress, RJD, CPI, DMK, YSR Congress, and TVK,
• Muslim organizations such as AIMPLB, Jamiat Ulema-i-Hind, and Samastha Kerala Jamiatul Ulema.

The petitioners argue that the Act is arbitrary, discriminatory, and allows the government excessive control over Muslim religious endowments.

Government and NGO Defenses

In defense, BJP-led governments in Rajasthan, Haryana, Maharashtra, MP, Assam, Uttarakhand, and Chhattisgarh have filed impleadment applications.

Several NGOs and religious groups have also backed the amendments, claiming equal protection and treatment should be extended to other communities’ endowments as well.

Violence in Murshidabad and SC’s Concern

The court also voiced concern over recent violence in West Bengal’s Murshidabad, reportedly linked to protests over the Act.

“The violence is disturbing. The issue is before us. We will decide,” CJI remarked.

The matter will next be heard after the Centre submits its reply. Until then, the court’s directive ensures status quo on appointments and Waqf land classifications.