Supreme Court Continues Hearing on Waqf Amendment Act, Interim Order Likely:

The Supreme Court of India will again hear the petitions contesting the constitutional legality of the Waqf (Amendment) Act, 2025 on April 17. During the hearings on April 16, the court suggested that it might put some provisions of the law on hold.

Justice Sanjiv Khanna, presiding over the three-member bench, said that the court is exploring the possibility of an interim ruling designed to “balance equities” while giving time to the Centre and state governments to provide counter arguments.

Petitions presented comment on the constitutionality of the law and claim it.may impose the unconstitutional domination of shamelessly disguised housekeeping powers over minorities and independent control of waqf assets.

Claims Still Undisclosed in The Petitions

The Waqf law is not the only one that has attracted the court's discontented attention. The All India Muslim Personal Law Board, Jamaat-e-Islami Hind, AIMIM, Congress, DMK, and a whole range of other groups have provided the court with more than 70 petitions, claiming that the law’s multifaceted unconstitutionality could defeat the functioning deft management disenfranchising minority rights and independent control of waqf assets.

Key Issues Raised by the Supreme Court

The court underscored the following medical issues pertaining to the law as passed by parliament:

Inclusion of Non-Muslims in Waqf Boards: The amendment requires the appointment of two non-Muslim members, other than ex-officious ones, into both the Central Waqf Council and state boards. The CJI asked if the same would be correct in regard to Hindu religious boards and was pressing the Solicitor General for answers.

Powers Given to Collectors: Under the new law, district collectors are allowed to check if an area of land reserved for government use is erroneously classified as waqf land. The bench raised concerns whether this provision has some injustices as well as that allowing for actions without conclusive decisions could compromise waqf lands.

Removal of Waqf-by-User Status Properties: Such law contains a clause that allows for the removal of waqf-by-user property’s title if situated on public land. The court pointed out a problem with the clause and stated that during court proceedings, such waqf land would not be subjected to demarcation should such a court recognized waqf lands.

Waqf-by-user Understanding

Base on the previous explanation of user waqf, such proposition which is considered in charitable context constitutes the property used as waqf on account of enduring use for religious or charitable activity. It shall not incur waiver of the phrase ‘removed from Title of Waqf’ in case such ban is domiciliated on government territory.

Legal Timeline and Legislative Background

The Waqf (Amendment) Act, 2025 has joined other Presidential Assent Acts as of this month granted by President Droupadi Murmu. This Act was fiercely contested during its initial discussion in the Lok Sabha on April 3, after which it was also passed by the Rajya Sabha.