SG Saves The Day For Central Govt In Top Court On Waqf Act

New Delhi: Solicitor General (SG) Tushar Mehta, representing the government in the Supreme Court on the Waqf Amendment Act 2025 case, navigated around a possible interim order that the court was considering after multiple petitions were filed against the recently notified law. Following assurances from Mehta, the top court decided to wait until the next hearing on May 5 to announce any order on the Waqf Act.

A three-judge Supreme Court bench headed by Chief Justice of India (CJI) Sanjiv Khanna, Justices PV Sanjay Kumar and KV Viswanathan heard the arguments on pleas challenging the Waqf Amendment Act 2025. Earlier on Wednesday, the Supreme Court though did not pass any order but made key observations and hinted that it may stay at least three key provisions which are part of the passed amended Waqf Act.

Any interim stay on Waqf Act would be harsh: Solicitor General Tushar Mehta

Mehta argued that such measures would be excessively harsh and would amount to an indirect suspension of a well-considered law.

During Thursday’s court proceedings, SG Mehta made a strong appeal, arguing that it would be rare and severe for the Supreme Court to halt certain statutory provisions enacted by Parliament.

Supreme Court needs to examine history of Waqf Act: SG Mehta tells SC

SG Mehta emphasised that such an action could not be based on a prima facie or tentative reading of the law. Instead, the court would need to examine the history of the Waqf Act, dating back to its inception in 1923, along with committee reports and the factual reasons that led Parliament to make the amendments in the public interest.

SG Mehta asserted that both the government and Parliament are accountable to the people.

Villages declared as Waqf properties, people losing land, says SG Tushar Mehta

The Solicitor General pointed out that numerous villages have been declared Waqf properties, causing thousands to lose their lands under this designation. These considerations, he explained, were key factors in the government's decision to amend the law.

He further submitted that the court must evaluate the potential fallout, repercussions, and consequences of interfering with the amended Act at the interim stage, either directly or indirectly, stressing that the amendments were carefully legislated.

The court raised concerns regarding the constitution of Waqf councils under Section 9 of the Act, noting that the Central Government has not constituted the council since February 2023.

SG Mehta assured the court that the formation of Waqf Councils would remain on hold until the next hearing, as the council has been defunct for over two years. Regarding Waqf Boards, he similarly assured that their constitution could also wait until the next date of hearing.

The Solicitor General explained to the Supreme Court that wherever Waqf Boards are operational, their tenure is permitted to continue, making a stay on their composition unnecessary. Many boards are currently under an administrator. The key contentious issue was the new provision that eliminated ‘Waqf by User.’

The amendment explicitly prohibits “Waqf by User” but provides protection for those that were already registered as of the law’s commencement on April 8, 2025.

No changes will be made to Waqf properties till May 5: SG assures Supreme Court

SG Mehta assured the top court that there would be no changes to Waqf properties already registered or notified until the next hearing on May 5.

It is noteworthy that under the new amendment, registered “Waqf by User” properties remain protected, a principle that also extends to notified Waqf properties.

SG Mehta’s statement was strictly aligned with the amended provisions of the 2025 Act, and petitioners challenging the law were not granted any relief.

The court accepted the Solicitor General’s plea and granted the government one week to file a reply. The petitioners challenging the amendment will then have five days to submit their rejoinder. Following this, the matter will be listed for hearing on the interim order, the court stated.

Following tough arguments presented by Solicitor General Tushar Mehta, the Supreme Court recorded the Centre's request for additional time to file a response in the matter related to the Waqf Act.

Solicitor General Tushar Mehta informed the top court that a preliminary reply will be filed within seven days, along with relevant documents, to counter petitions filed challenging the Waqf Amendment Act 2025.

The Supreme Court took note of Solicitor General's assurance that no appointments to the Waqf Board or Council will be made until the next hearing.

Waqf Amendment Act 2025 notified by Centre on April 8

Waqf Amendment Act 2025, which was passed in both the Houses of Parliament – Lok Sabha and Rajya Sabha – on Apirl 2 and April 3, after marathon sessions of debates, received President's assent on April 5 following which it was notified by the Centre on April 8.

In Lok Sabha, the amendment bill was passed by 288-235 votes while in Rajya Sabha, the bill was cleared by 128-95 votes.

The new law amends the Waqf Act, 1995 to streamline the boards work and ensure efficient management of Waqf properties.

The Waqf Amendment Act 2025 seeks to overcome the shortcomings of the previous acts and enhance the efficiency of Waqf Boards. It brings changes in renaming the Act, updating the definitions of Waqf, improving the registration process and increasing the role of technology in managing Waqf records.