The Supreme Court of India on Thursday issued a significant interim order, staying key provisions of the newly amended Waqf Act, 2025, including the controversial clause mandating the inclusion of non-Muslims in Waqf Boards and Councils. The court also clarified that the “waqf by user” status of properties — a long-debated feature — cannot be denotified until the next hearing scheduled for May 5.
The decision came during a hearing led by Chief Justice D Y Chandrachud, amid mounting national protests and violent clashes, particularly in West Bengal’s Murshidabad district, where three people were killed last week in Waqf law-related unrest.
Centre Assures Status Quo, No New Appointments to Waqf Boards
During the proceedings, Solicitor General Tushar Mehta assured the apex court that the Central Government will refrain from making any new appointments to the Waqf Boards or Councils under the new law until further orders.
“SG Mehta has assured that till the next date, no appointments shall take place to the board and councils under the 2025 Act. He also assures that the status of waqfs, including waqf by user, already declared by notification or gazetted, shall not be changed,” the court’s order stated.
This development implies that the character and legal status of Waqf properties, including those covered by the “waqf by user” clause, will remain unchanged for now.
Waqf Law Sparks Nationwide Protests, Centre Seeks Time to Respond
The Waqf (Amendment) Act, 2025, which came into effect on April 8, has drawn widespread opposition. The law not only removes the “waqf by user” provision — which previously allowed properties used for religious or charitable purposes over time to be designated as Waqf — but also introduces the unprecedented step of including non-Muslims on Waqf Boards.
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During Thursday’s hearing, the Centre sought seven days to file a comprehensive response, a request that the court granted. Petitioners have been given five additional days to submit their rejoinder once the Centre files its affidavit.
SG Mehta, while defending the legislative amendments, stressed that the court should exercise caution in staying statutory provisions.
“Your lordships are taking a serious and harsh step by staying directly or indirectly statutory provisions. Villages and private properties were being taken as waqfs, and we received lakhs of representations before the amendments,” Mehta told the bench.
Supreme Court: Law Will Not Be Completely Stayed
The Supreme Court, however, clarified that it would not halt the entire law, noting that some provisions were “positive.” The court emphasized its intention to maintain the status quo to prevent disruption until further deliberations.
The bench also referred to another controversial aspect of the law, which prohibits a Muslim from transferring property to Waqf status until five years have passed since their conversion to Islam. The court hinted it would not interfere with this clause at this time.
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This judicial intervention follows rising tension nationwide, especially in West Bengal, where last week’s violence underscored the sensitivity of the issue. The Waqf law amendments have reignited debates about property rights, religious administration, and the secular structure of governance.
The Supreme Court will next hear the case on May 5, 2025. Until then, the Centre is barred from making any appointments or altering the status of existing waqf properties under the new Act. The spotlight will remain on the political and social fallout from this controversial legislation, which has already sparked a charged atmosphere across the country.
