Centre Tells Supreme Court: Existing Waqf Properties Will Remain Untouched During Legal Challenge to Amendment Act

The Central Government has informed the Supreme Court that all currently registered or notified waqf properties, including those recognized as waqf-by-user, will not be impacted while the constitutional validity of the Waqf (Amendment) Act, 2025 is under judicial scrutiny.

Solicitor General Tushar Mehta, appearing for the Centre, made this assurance during the hearing. He stated that no actions would be taken to de-notify or alter the administration of existing waqfs during the pendency of the case. The Supreme Court took note of this statement and recorded it officially.

Additionally, the Centre committed to refraining from making new appointments to the Central or State Waqf Boards as per Sections 9 and 14 of the amended law until further orders.

A bench led by Chief Justice Sanjiv Khanna, and comprising Justices Sanjay Kumar and KV Viswanathan, has scheduled the next hearing for May 5, 2025. The case will now proceed under the title “In Re: Waqf Amendment Act,” indicating its broad public importance.

The Court has raised concerns about specific provisions in the amendment, especially the removal of the waqf-by-user clause, which could have wide-ranging implications on property ownership and governance.

The Solicitor General argued that the amendments were crafted after public feedback and consultation, and cited issues where individual properties had been arbitrarily classified as waqf, creating hardship for the owners.

For now, the Supreme Court’s direction ensures that the current legal framework around waqf properties remains unchanged until the case is decided.