New Delhi: In a significant development, the Supreme Court on Wednesday proposed to stay certain key provisions of the contentious Waqf (Amendment) Act, 2025, including the power to denotify properties declared as waqf by courts and inclusion of non-Muslims in central Waqf councils and boards.
The top court proposed to pass the order, which was opposed by the Centre as it sought a detailed hearing before any such interim order.
The hearing relating to 72 petitions against the constitutionality of the Waqf (Amendment) Act, 2025 took place before a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan.
The bench, which will continue with the hearing on Thursday, was miffed over the inclusion of non-Muslims in the central waqf councils and boards and asked the Centre whether it was willing to include Muslims in Hindu religious trusts.
After hearing solicitor general Tushar Mehta for the Centre and senior lawyers including Kapil Sibal, Rajeev Dhavan, Abhishek Singhvi, C U Singh for Muslim bodies and individual petitioners, the CJI proposed to issue the notice and to pass an interim order, saying it will “balance the equities”.
Observing some provisions could have “grave ramifications”, particularly those that potentially undermine judicially recognised waqf properties, the CJI proposed the order.
“The properties declared as waqfs by the courts should not be de-notified, whether they are by waqf-by-user or waqf by deed while the court is hearing the challenge to the Waqf Amendment Act 2025,” the CJI proposed.
The bench also hinted to stay a provision of the amended law, which says a waqf property will not be treated as waqf during the inquiry of the collector to decide if the property is a government land.
“All members of waqf boards and the central waqf council must be Muslims, except the ex-officio members,” the CJI said.
