New Delhi, April 18 — The Supreme Court on Thursday refrained from staying the Waqf (Amendment) Act, 2025, after the government of India assured it would not appoint new members to Waqf Boards or de-notify waqf properties — including those recognized by user or court orders — until further notice.
A bench led by Chief Justice Sanjiv Khanna said it would not alter the prevailing status quo for now and instead issued notice to GOI, directing it to respond within seven days. Petitioners were given five days thereafter to file their rejoinders.
The court recorded Solicitor General Tushar Mehta’s statement that no steps would be taken under the new law regarding board appointments or waqf property notifications. “Let the matter be heard first,” Mehta urged, opposing an immediate stay.
He also sought time to submit a preliminary response detailing the legislative process behind the amendments.
CJI Khanna, responding to calls from the petitioners for a complete stay, said the court was not inclined to pass interim orders at this stage but acknowledged concerns regarding provisions like the five-year religious practice clause and de-notification of user-declared waqf.
“We don’t want the situation to change for now. Normally, the status quo should prevail so as not to upset the rights of parties,” the Chief Justice said.
Senior advocates Kapil Sibal, A.M. Singhvi, and Rajeev Dhavan argued for the petitioners and urged the court to protect waqf properties, particularly those recognized through user or community practice.
The court also streamlined the proceedings by deciding to hear only five of the nearly 100 petitions, treating the rest as intervenors or disposed of. The case will proceed under the title In Re: Waqf Amendment Act, 2025. Challenges to the original 1995 Act and its 2013 amendments will be heard separately.
On Wednesday, the bench had flagged serious concerns about provisions allowing the de-notification of waqf properties and the inclusion of non-Muslims on Waqf Boards. “Are you suggesting Muslims could now be part of Hindu endowment boards as well?” CJI Khanna asked Mehta, who clarified that only two non-Muslim members would be nominated in addition to ex-officio ones.
The Waqf (Amendment) Act, 2025 was passed in the Lok Sabha on April 3 and in the Rajya Sabha the next morning, before receiving Presidential assent on April 5. It was notified on April 8.
Under the amended law, only self-owned property can be declared as waqf, with district collectors tasked to verify ownership. It also allows state governments to nominate members to Waqf Boards, including those from backward classes, and mandates representation from both Shia and Sunni communities.
The petitions — filed by political leaders, religious groups, civil society organizations, and activists — allege that the amendment strips key protections and violates religious freedoms. Petitioners include AIMIM chief Asaduddin Owaisi, RJD MP Manoj Jha, Jamiat Ulama-i-Hind’s Arshad Madani, and others. In contrast, one petition by Hari Shankar Jain contends that the law grants undue privileges to Muslims.
Governments of six BJP-ruled states — Assam, Haryana, Rajasthan, Chhattisgarh, Uttarakhand, and Maharashtra — have supported the amendment in their affidavits.