Waqf Act 2025: SC Halts Appointments, Seeks Govt Response

Waqf Act 2025: SC Halts Appointments, Seeks Govt Response
Supreme Court halts key parts of the Waqf Amendment Act 2025, seeks Centre’s reply in 7 days, keeps waqf property status unchanged.
The Supreme Court on Thursday directed the central government to maintain status quo on the implementation of key provisions of the Waqf (Amendment) Act, 2025, until further review. The directive will remain effective for seven days.
Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanthan, presided over the bench. The Solicitor General, Tushar Mehta, informed the court that the government will refrain from making appointments to the Central Waqf Council and State Waqf Boards under the amended legislation during this period.
Properties designated as waqf through user declarations and registered under the Waqf Act, 1995, will remain undisturbed, the court ordered. The central government was instructed to submit its response to the petitions within one week, while petitioners may file rejoinders within five days after receiving the government’s reply.
The bench emphasized that waqf properties, including those recognized by user declaration, shall not be de-notified through notification or registration until the next hearing, set for May 5.
Additionally, the apex court directed the government not to include non-Muslims in appointments to the Central Waqf Council or State Waqf Boards, pending the next review.
During the proceedings, the court noted the volume of petitions filed challenging the Act’s constitutionality and indicated it would limit hearings to five selected pleas. The advocates involved were asked to mutually determine who would present arguments before the court.
On Wednesday, the court had questioned the Centre regarding the implications of permitting waqf by user and whether similar inclusion would extend to Muslims in Hindu religious trusts. The bench acknowledged that while there may be misuse of waqf declarations, legitimate cases also exist, noting recognition of waqf by user in prior judgments.
The Waqf (Amendment) Act, 2025, was passed by Parliament amid debate and received presidential approval on April 5. It secured 288 votes in favor and 232 against in the Lok Sabha, and 128 in favor and 95 against in the Rajya Sabha.
A total of 72 petitions have been filed opposing the Act, with petitioners including AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board, Jamiat Ulama-i-Hind, the DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed. The government has filed a caveat, requesting a hearing before any interim orders are issued.















