Waqf Act in Supreme Court: What are the three key concerns of the bench?

The bench did not issue any formal order but suggested that certain provisions might be put on hold

The Supreme Court of India on Wednesday raised concerns about the controversial Waqf Amendment Act, passed by both Houses earlier in April 2025. While hearing multiple petitions challenging the Act, the bench highlighted three major issues: the status of “Waqf by user” properties already recognised by courts, the inclusion of non-Muslims in Waqf bodies, and the provision that bars a property from being treated as Waqf if it is under claim as government land.

 

The bench, headed by Chief Justice of India (CJI) Sanjiv Khanna, said it is considering an interim order to balance equities in the matter. It agreed to allow the Centre and state governments to respond during the next hearing on Thursday.

 

While no formal order was passed, the court indicated that some provisions could be put on hold. These include the inclusion of non-Muslims in the Central Waqf Council and state Waqf Boards, the authority given to collectors to settle disputes over Waqf properties, and the provision enabling de-notification of properties already declared Waqf by courts.

 

This was the first hearing in the matter. The top court has received more than 70 petitions against the Act, filed by various religious, political, and social organisations, including the All India Muslim Personal Law Board, Jamaat-e-Islami Hind, AIMIM, Congress, and DMK. The petitioners have argued that the new law violates Articles 25 and 26 of the Constitution and undermines religious freedoms.

 

What the Supreme Court said on the three key issues in the Waqf Amendment Act

 

1. Status of properties declared ‘Waqf by user’ by courts

The court noted that while it typically avoids interfering with new laws, removing Waqf status from properties already recognised by courts could create serious complications.

 

“Any property that a court has already declared as Waqf—whether through use (Waqf by user) or official notification—should not be removed from that status or treated as non-Waqf,” the court observed.

 

2. Halting Waqf status during collector’s inquiry

The bench questioned a provision that blocks a property from being treated as Waqf simply because a collector has begun an investigation.

 

“Is this fair? Even before the collector decides anything, the property can’t be seen as Waqf?” the court asked.

 

It further clarified: “The collector can go ahead with the inquiry, but this rule—which blocks Waqf status during the inquiry—should not apply for now. If needed, the collector can ask the court for an appropriate order.”

 

3. Inclusion of non-Muslim members in Waqf boards and councils

The court questioned the logic behind including non-Muslims in Waqf institutions.

 

“Would Muslims be allowed on boards for Hindu religious trusts? Be honest about it,” the bench remarked.

It added: “Only Muslim members should be appointed, except for ex-officio members—those who are on the boards because of their official government positions—who may be of any religion.”