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Informist, Thursday, Apr. 17, 2025

 

--Registered waqf, waqf by user won't be denotified till next hearing: Govt 

--No appointment on Waqf board, councils till next hearing, govt assures SC 

--SC seeks govt's reply on pleas against Waqf Amendment Act 

 

NEW DELHI – The government Thursday assured the Supreme Court that it will not enforce key provisions of the Waqf (Amendment) Act, 2025, regarding denotification of waqf property and waqf by user and inclusion of non-Muslims in the Central Waqf Council and state waqf boards, till May 5, the next date of hearing. The court was hearing a batch of petitions challenging the legislation.

 

The government's assurance came after the court Wednesday suggested it would pass an interim order regarding some provisions of the amendment law. The court had suggested that any property declared waqf by a court should not be denotified or treated as non-waqf. The court had also suggested that while a collector could continue with his or her inquiry of whether a property declared waqf is government-owned, the provision that "such property shall not be treated as waqf property till the designated officer submits his report" should not be enforced. Additionally, it had suggested that while ex-officio non-Muslim members could be appointed to the waqf boards and Central Waqf Council, all other members must be Muslims.

 

On Thursday, the government requested the top court not to stay the provisions of the Waqf (Amendment) Act before hearing it. Staying a legislation, whether directly or indirectly, is an extraordinary measure, and cannot be done on the basis of a tentative reading of the provisions, the government argued.

 

Accepting the request, the court gave the government a week to file a reply and posted the matter for hearing on May 5. On that date, the court will only deal with the aspect of granting a stay on contentious provisions of the legislation.

 

The Supreme Court was hearing a series of petitions filed by several opposition leaders and political parties challenging the Waqf (Amendment) Act, 2025, which revises the legal framework governing the administration of waqf properties across the country. The petitioners argued that the amended law discriminates against the Muslim community and infringes upon the fundamental rights of its members. The petitioners have contested the move to mandate the inclusion of non-Muslim members in the Central Waqf Council, state waqf boards, and waqf tribunals, and said this amounts to unwarranted interference in the religious affairs of the Muslim community, an approach not applied to Hindu religious endowments, which continue to be managed exclusively by Hindus under various state laws.

 

The 2025 amendment to the Waqf Act, 1995, introduced significant changes in the administration and management of waqf properties. It shrank the powers of the waqf boards and vested the central government with authority to frame rules for asset management and administration. One major change was the removal of Section 40, which previously allowed a waqf board to determine whether a property qualified as waqf. It also streamlined the registration of waqfs through a central portal and database. The new law allows the appointment of non-Muslims in the Central Waqf Council, state waqf boards, and waqf tribunals. It has also added a provision to allow waqf tribunals to grant an extension of up to six months for registering properties on the central platform.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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