Supreme Court on Waqf (Amendment) Act, 2025: Status Quo Ordered on Waqf Properties and Appointments

April 17, 2025 — New Delhi

In a significant development, the Supreme Court of India issued an interim order on April 17, 2025, directing the Union government to maintain the status quo concerning certain provisions of the Waqf (Amendment) Act, 2025. This move comes amid widespread opposition and legal challenges to the Act, which critics argue infringes upon the religious autonomy of the Muslim community.​Wikipedia+3Hindustan Times+3AP News+3

Background of the Waqf Amendment Act 2025

The Waqf (Amendment) Act, 2025, introduced by the Union government, proposed significant changes to the administration of waqf properties—charitable endowments in Islamic law. Key provisions of the Act included:​

• Inclusion of Non-Muslims in Waqf Boards: The Act allowed for the appointment of non-Muslim members to the Central Waqf Council and State Waqf Boards, a move that was unprecedented and sparked concerns about potential interference in religious affairs.​

• De-notification of Waqf Properties: The legislation empowered authorities to de-notify waqf properties, including those recognized under the "waqf by user" clause, which acknowledges properties used for religious purposes over time without formal documentation.​

These amendments were met with strong opposition from various quarters, including political parties, religious organizations, and civil society groups. Critics argued that the changes violated Articles 25 and 26 of the Indian Constitution, which guarantee the freedom to manage religious affairs. ​Hindustan Times

Supreme Court's Interim Order

Responding to over 70 petitions challenging the constitutional validity of the Act, the Supreme Court, led by Chief Justice Sanjiv Khanna, issued an interim order directing the Union government to:​

• Maintain Status Quo on Waqf Properties: No waqf property, whether registered, unregistered, or recognized by usage, is to be de-notified, altered, or interfered with until further orders.​Source Wikipedia

• Suspend Appointments to Waqf Boards: The government is barred from making new appointments to the Central Waqf Council and State Waqf Boards under the amended law.​

During the hearing, Solicitor General Tushar Mehta, representing the Union government, assured the Court that these provisions would not be enforced until the next hearing scheduled for May 5, 2025. Source ​latestlaws.com+1Wikipedia+1

Legal and Political Reactions

The Supreme Court's decision was welcomed by various petitioners and opposition leaders. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Rajeev Dhavan, representing the petitioners, argued that the amendments infringed upon the fundamental rights of the Muslim community and allowed undue state interference in religious matters. ​Source latestlaws.com

Political parties such as the Dravida Munnetra Kazhagam (DMK), All India Majlis-e-Ittehadul Muslimeen (AIMIM), and the Indian Union Muslim League (IUML) also filed petitions challenging the Act. They contended that the inclusion of non-Muslims in waqf boards and the de-notification provisions were unconstitutional and discriminatory. Source  ​latestlaws.com

The All India Muslim Personal Law Board (AIMPLB) alleged that the Act was crafted to "usurp" waqf properties across the country and accused the Joint Parliamentary Committee on Waqf of not conducting its duties impartially.Source  ​The Hindu+1Wikipedia+1

Government's Defense

The Union government defended the amendments, stating that they aimed to bring transparency and efficiency to the management of waqf properties. Minority Affairs Minister Kiren Rijiju emphasized that the bill was based on recommendations from the Sachar Committee and sought to provide rights to those who had been historically marginalized. ​Source Sudan War Concerns+1AP News+1

Solicitor General Tushar Mehta argued that the registration requirement for waqf properties was not new and existed under the original Waqf Act, 1995. He maintained that the amendments were enacted after thorough parliamentary debate and were not intended to infringe upon religious freedoms. Source  ​latestlaws.comWikipedia

Next Steps

The Supreme Court has scheduled the next hearing on May 5, 2025, to further deliberate on the petitions challenging the Waqf (Amendment) Act, 2025. In the meantime, the interim order ensures that the status quo is maintained, preventing any changes to waqf properties and halting new appointments to waqf boards.​

This development marks a critical juncture in the ongoing debate over the management of waqf properties in India, highlighting the delicate balance between governmental oversight and religious autonomy.