Centre assures Supreme Court: No non-Muslim appointments to Waqf Boards, no de-notification of Waqf properties for now

New Delhi, Apr 17: The Central government on Thursday assured the Supreme Court that it would refrain from appointing non-Muslims to the Central Waqf Council or State Waqf Boards and would not de-notify existing waqf properties—including those declared waqf by courts—for the time being.

The Court recorded this assurance and scheduled the next hearing on the matter for May 5, 2025 as reported by Bar and Bench.

The government’s stand—delivered by Solicitor General Tushar Mehta—came amidst an avalanche of more than 70 petitions challenging the constitutional validity of the new law. At the heart of the legal storm are concerns over the potential erasure of centuries-old Islamic religious sites and the unprecedented inclusion of non-Muslims in waqf administrative bodies, moves critics allege infringe on the community’s constitutional rights.

“No appointment shall take place to boards and councils under the 2025 Act until the next hearing,” the Court noted, quoting SG Mehta. “Waqfs already declared by notification or court ruling shall not be disturbed.”

A three-judge Bench led by Chief Justice of India Sanjiv Khanna, with Justices PV Sanjay Kumar and KV Viswanathan, stopped short of issuing a formal stay but emphasized that the status quo on waqf properties must be maintained. To streamline proceedings, the Court directed that only five counsels from among the petitioners will be allowed to present arguments on the next date. All remaining petitions will be treated as applications within these five, signalling the Court’s effort to avoid prolonged, fragmented litigation.

In a move highlighting the significance of the case, the Bench also ruled that the matter would henceforth be titled "In Re: Waqf Amendment Act", detaching it from any individual petitioner’s name. Both parties have been asked to nominate nodal counsels to coordinate further filings and communication with the Court.

Background

The Waqf (Amendment) Act, 2025, passed by the Lok Sabha on April 3 and by the Rajya Sabha on April 4, received Presidential assent on April 5. The law modifies key provisions of the Waqf Act, 1995, particularly those relating to the governance, definition, and de-notification of waqf properties—assets dedicated to religious or charitable use under Islamic law.

Petitioners, including Congress MP Mohammad Jawed and AIMIM MP Asaduddin Owaisi, have argued that the amendments amount to religious discrimination and violate the right of Muslims to manage their own religious affairs as protected under Article 26 of the Constitution.

A central point of contention is the removal of “waqf by user”—a provision that protected historic properties such as mosques and graveyards that have long served religious functions without formal deeds. Petitioners warn that this omission threatens to strip countless unregistered but historically recognized sites of their waqf status.

During hearings on April 16, the Court appeared sympathetic to these concerns. CJI Khanna pointedly questioned the practicality of requiring documentary proof for pre-colonial religious sites, observing, “Before the British came, we did not have any registration laws. Many masjids go back to the 14th or 15th century… suppose Jama Masjid?”

The Court also took issue with the power vested in District Collectors to determine the status of waqf properties, warning of potential overreach. “The moment the Collector starts deciding, it stops being waqf. Is that fair?” the Bench asked.

Perhaps the most heated exchange came over the inclusion of non-Muslims in Waqf Boards, with CJI Khanna pressing SG Mehta: “Would you allow Muslims on Hindu endowment boards? Say it openly.” When Mehta drew a parallel with the religious backgrounds of judges, the Chief Justice retorted sharply: “When we sit here, we lose our religion.”

Government’s position: No immediate appointments, reply due in a week

On Thursday, SG Mehta sought time to file a preliminary response, urging the Court not to impose a blanket stay, but to allow space for deliberation. “This is not a matter that can be summarily stayed,” Mehta said, citing the need to examine the law in light of previous amendments and widespread public concerns, particularly over land claims. He highlighted that “lakhs of representations” had been received from citizens alleging arbitrary waqf claims over private property reports Bar and Bench.

The Court, however, insisted on halting certain executive actions to avoid irreversible consequences while the matter is under judicial consideration. "Some provisions will have to be halted,” the CJI remarked. “No appointments to board or council, and no disturbance of registered waqf properties.”

The Court has directed the Centre to file its response within seven days, with the petitioners to file their rejoinder within five days thereafter. The next hearing on May 5 will focus solely on interim relief, particularly whether to maintain the status quo until the broader constitutional questions are resolved. The Court’s stern tone and detailed engagement with the petitioners’ concerns suggest that the road ahead for the Waqf Amendment Act will be closely scrutinized—both legally and politically.