No Appointments Under Waqf Act, No Change In Status Till Next SC Hearing

New Delhi: The Supreme Court on Thursday granted the Centre a week's time to file its response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. This development came after the Centre assured the court that the status of properties declared as Waqf, including those classified under 'waqf by user,' would not be altered or de-notified until the next hearing.

During the proceedings, Solicitor General Tushar Mehta, representing the Centre, assured the Court that no changes would be made to the status of properties already notified as Waqf or those declared under 'waqf by user.' The Centre also stated that no appointments would be made to the Waqf Council or Waqf boards under the newly amended law until the next date of hearing.

The Supreme Court, while acknowledging the Centre's statement, directed that all five petitions challenging the Waqf (Amendment) Act, 2025 be heard under a common heading, "In Re: Waqf Amendment Act 2025." The Court also fixed the next hearing for the week commencing May 5, by which time the Centre, states, and petitioners opposing the Act must file their responses.

On April 16, the Supreme Court expressed concerns over three major aspects of the Waqf (Amendment) Act, 2025. The Court raised questions about the status of properties declared as Waqf under earlier court orders, the mandatory inclusion of non-Muslims on Waqf boards and councils, and whether government properties disputed as waqf could still be designated as waqf properties under the new Act.

The bench, led by Chief Justice of India Sanjiv Khanna, had indicated that it might pass an interim order to pause the implementation of these provisions until the matter is fully heard.

CJI Sanjiv Khanna remarked that the government cannot "rewrite history" through the changes introduced in the Waqf law amendments. This remark was in reference to the law’s provision allowing the de-notification of properties already declared as Waqf, which the court felt could affect properties that had been classified as Waqf long ago through judicial declarations.

The bench also affirmed that properties already declared as Waqf by courts or other legal processes should not be de-notified, whether categorized under 'waqf-by-user' or ‘waqf-by-declaration.’

The Supreme Court is hearing a batch of petitions, including one filed by AIMIM leader Asaduddin Owaisi , challenging the Waqf (Amendment) Act, 2025. Owaisi's petition, along with others, questions the constitutional validity of the law recently passed by Parliament.

In addition to Owaisi's plea, the court is considering petitions filed by Aam Aadmi Party leader Amanatullah Khan, the Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, and other individuals and organizations, including RJD leader Manoj Kumar Jha. Political entities like the YSRCP, CPI, and the DMK, along with prominent civil society groups such as the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind, have also filed petitions opposing the law.

The Supreme Court is set to resume hearings in May 2025. The Court has directed the petitioners to file their rejoinders within five days after receiving the Centre's response.