Supreme Court Halts Key Provisions of Waqf Amendment Act, Seeks Centre’s Response

The Supreme Court on Thursday directed the Central government to file its response within seven days to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, The Times of India reported. The bench, led by Chief Justice Sanjiv Khanna, recorded Solicitor General Tushar Mehta’s assurances that no appointments would be made to the Central Waqf Council or State Waqf Boards, and no properties declared as “waqf by user” would be denotified until the next hearing on May 5.

The Act, passed by Parliament in March, has sparked nationwide protests over its controversial provisions, including the inclusion of non-Muslim members in Waqf Boards and the removal of the “waqf by user” clause, which recognizes properties as religious endowments based on long-standing use (e.g., mosques or graveyards). The Court questioned whether the government would similarly allow Muslims in Hindu trusts, citing potential violations of Article 26 (right to manage religious affairs).

Opposition leaders, including AIMIM’s Asaduddin Owaisi and Congress’s Imran Pratapgarhi, hailed the interim order as a “victory for the Constitution.” Meanwhile, BJP-ruled states defended the Act, arguing it ensures transparency in managing Waqf properties, the largest such holdings globally.

The hearing follows violent protests in West Bengal’s Murshidabad and legal disputes in Tamil Nadu and Bihar over Waqf land claims. The Court emphasized maintaining the status quo until a final verdict.