SC’s Tough Observations On Waqf Act 2025, Mulls Stay On Inclusion of Non-Muslims, Power To Collectors

New Delhi: The Supreme Court on Wednesday heard pleas challenging the recently passed Waqf Amendment Act 2025 and made key observations on inclusion of non-Muslims in Central Waqf Council and Waqf Boards, power to collectors on deciding dispute over Waqf By User and provisions on de-notifying properties declared as Waqf by courts.

Hearing a bunch of petitions, the three-member Supreme Court bench headed by Chief Justice of India (CJI) Sanjiv Khanna, Justices PV Sanjay Kumar and KV Viswanathan 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.

The court observed provisions in the passed act such as inclusion of non-Muslims in Central Waqf Council and Waqf Boards and asked the government whether “it will allow Muslims to be part of the Hindu endowment board”.

It also said that collector can continue with proceedings on disputed Waqf but the provision will not be given effect to.

The court also mooted the members of the Waqf Council and Waqf Boards have to be Muslims except ex-officials members.

During the hearing, CJI asked the government: What is about Waqf by user which is declared? He also asked if Waqf by user already established and registered will be declared void as per 2025 act.

Responding to CJI, Solicitor General (SG) Tushar Mehta said if it’s registered then it won’t be void.

The court asked but the Act says “in dispute”, so what does this means. It does not say before the court or just in dispute. Then issue is with government property. Before Britishers came, we did not have any registration or transfer of property act, many masjids will be in 14th or 15th century, suppose Jama Masjid.

The SG responded saying what stopped them from registering it?

Justice Vishwanathan said that suppose a person seeks registration of Waqf by user and a stake is made by the government that it’s a government land, then what happens?

SG responded by saying that the argument before the Joint Parliamentary Committee (JPC) was the collector will be Judge in his own case and that is why the recommendation was made that it should be a higher officer than that.

CJI asked was that fair because the moment collector starts deciding it, it stops being Waqf, is it fair?

The SG then said that its use is not stopped, only status as Waqf is stopped, it will just stop to be Waqf property.

The CJI said that if the government was going to de-notify waqf-by-user properties, it will be an issue. It also observed that Waqf declared by courts shouldn’t be affected.

Key observations made by Supreme Court on pleas challenging Waqf Act hearing 

Towards the end of the two-hour long hearing, the Supreme Court said that it is proposing to pass an interim order as follows:

• The properties declared by courts as Waqf should not be de-notified as Waqf, whether they are waqf-by-user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025.
• The Court further orders that the provision of the Amendment Act, as per which a Waqf property will not be treated as a Waqf while the collector is conducting inquiry whether the property is a government land, will not be give affect to.
• The Court also says that all members of the Waqf Boards and Central Waqf Council must be Muslims, except the ex-officio members.

The Court will resume hearing on the matter at 2 pm on Thursday.

The Supreme Court during the arguments also mentioned that all the violence which is taking place on the Waqf Amendment Act is very disturbing.