KKN Gurugram Desk | The Supreme Court of India is set to continue its hearing on the Waqf Amendment Act, 2025, on Thursday, with critical points raised regarding the new provisions of the law. The government has been asked to respond to tough questions posed by the Court, which could potentially lead to interim orders on the matter. The Court’s observations on key issues concerning the Waqf Board and its powers over Waqf properties have raised concerns about the legality and fairness of certain provisions. Let’s dive into the key aspects of the ongoing legal proceedings and the implications for the Waqf system in India.
Waqf Law Hearing: Major Concerns Raised by the Supreme Court
Key Highlights of Today’s Hearing
On April 17, the Supreme Court continued its deliberations on the Waqf Amendment Law. The Court had previously highlighted three major points of contention that could potentially lead to interim orders. These points touch on some of the most controversial aspects of the new law, and their resolution could have significant implications for the administration and control of Waqf properties in India.
The three major points of concern raised during the hearing include the following:
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De-notification of Waqf Properties:
Under the new Waqf Amendment Law, the government has been granted the authority to de-notify properties that were previously declared as Waqf. This provision has raised significant concerns among critics, who argue that it could lead to the government arbitrarily reclaiming Waqf properties, stripping them of their protected status.
Supreme Court’s Stance:
During the hearing, the Court expressed apprehension about the serious consequences of de-notifying Waqf properties. The judges pointed out that such an action could have far-reaching consequences, especially if properties that had been previously declared as Waqf by the courts were to be de-notified. As a result, there are indications that the Court may issue an interim order to halt the de-notification process, specifically for properties that had already been legally designated as Waqf by the courts, whether they are “Waqf by User” or not. -
Non-Muslim Appointments in Waqf Boards:
The new law permits the appointment of non-Muslims in Waqf boards, including the Central Waqf Council and State Waqf Boards. This provision has sparked widespread opposition, with critics questioning the rationale behind appointing individuals from other religions to oversee Waqf matters, which traditionally concern the Muslim community.
Supreme Court’s Approach:
The Court expressed concerns regarding the inclusion of non-Muslims in these boards. An interim order could potentially clarify that only ex-officio members or government officials could be non-Muslim, while all other members of the Waqf Boards should be Muslims. This would align with the historical and religious significance of Waqf properties in Muslim communities. -
Collector’s Authority Over Waqf Property Decisions:
The new law grants district collectors the authority to make decisions regarding Waqf properties, with the possibility for these decisions to be challenged later. Critics have raised alarms, arguing that this provision could allow collectors to seize Waqf properties at will, without proper judicial scrutiny.
Supreme Court’s Opinion:
During the proceedings, the Court expressed concerns about this power being granted to the collectors. While acknowledging that collectors could continue investigating Waqf properties, the Court indicated that the provision could be temporarily suspended, at least until a comprehensive review is conducted. The Court is expected to issue an interim order on this matter, effectively putting a hold on the enforcement of this section of the law.
Potential Interim Order from the Supreme Court
The Supreme Court has indicated that it may issue an interim order on the three points raised during the hearing. These orders would serve as temporary measures until a final judgment is delivered on the legality of the provisions of the Waqf Amendment Act. Here are some of the expected outcomes of the interim orders:
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Suspension of De-notification Clause:
The Court could temporarily halt the process of de-notifying Waqf properties that were declared as such by the judiciary. This would prevent the government from arbitrarily reclaiming these properties and provide a safeguard to the Waqf properties that have legal protection. -
Clarification on Non-Muslim Appointments in Waqf Boards:
An interim order may limit the appointment of non-Muslims in Waqf boards to ex-officio or official positions only, ensuring that the religious significance of the boards is maintained. This could address concerns about the potential undermining of the community’s control over Waqf assets. -
Suspension of Collector’s Authority:
The Supreme Court might suspend the provision allowing collectors to make decisions regarding Waqf properties, as it raises concerns about the arbitrary seizure of properties. Until a final verdict is given, the Court may place a temporary hold on this section of the law.
Context and Legal Implications
The Waqf Amendment Act, 2025, is part of ongoing reforms aimed at modernizing the Waqf administration system in India. However, its provisions have sparked a debate, particularly around the control and management of Waqf properties, which are primarily owned by religious trusts and organizations.
The Significance of Waqf Properties in India:
Waqf properties are an important part of India’s religious and cultural heritage. These properties are held in trust for religious or charitable purposes and are often used to fund education, healthcare, and other welfare activities. The management of these properties is a sensitive issue, especially considering their vast financial and social implications.
Concerns Over Government Control:
Critics of the Waqf Amendment Law argue that the government’s increased control over Waqf properties could lead to potential misuse or even the liquidation of these assets. The new law’s provisions on de-notification and the appointment of non-Muslims to Waqf boards are seen as steps that could undermine the autonomy of religious communities in managing their charitable assets.
Opposition from Religious Leaders and Activists:
Various Muslim organizations and community leaders have voiced their concerns about the provisions in the new Waqf law. They argue that the changes could undermine the trust that has been placed in religious boards and institutions for managing Waqf properties. The opposition is particularly strong on the issue of non-Muslim appointments and the potential loss of control over religious assets.
The Supreme Court’s verdict on the Waqf Amendment Act will have far-reaching implications for the future of Waqf property management in India. The Court’s interim orders, which may be delivered soon, will offer some clarity on the contested provisions of the law. These orders will serve as temporary measures, and the final judgment will likely define the long-term framework for Waqf property management.
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