No changes to 'waqf by user' till next hearing: SC
What's the story
The Supreme Court has stayed certain provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Waqf boards and council.
The bench's order also stays any de-notification or change in the character of the 'waqf by user' properties until the next hearing on May 5.
The Centre assured that no appointments would be made in these boards in the meantime.
Legal implications
Supreme Court's interim ruling preserves Waqf property status
The SC's interim order has kept the status of Waqf properties unchanged for now. The new law, which came into effect from April 8, has abolished the 'waqf by user' clause.
The clause had permitted a property to be declared as Waqf based on its long-term usage for religious or charitable activities in the absence of formal documentation.
Solicitor General Tushar Mehta sought a week to respond.
Balanced approach
Supreme Court acknowledges positive aspects of Waqf Act
The SC has accepted that there are good parts of the Waqf (Amendment) Act, 2025, and a blanket stay isn't justified.
However, it also said that it doesn't want any change in the existing situation.
This remark pertains to another contentious provision in the law, which restricts a Muslim from giving Waqf for five years after embracing Islam.
Legal scrutiny
Supreme Court questions 3 aspects of Waqf Amendment Act
During the hearing, the SC raised three issues with the Waqf (Amendment) Act, 2025: the status of "waqf by user" properties that had been declared so under previous court orders, the majority presence of non-Muslim members in the Waqf Council and Boards, and disallowing a property from functioning as waqf property if it is disputed as a government plot.
The next hearing is on May 5.