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The Supreme Court on Thursday acknowledged the central government’s request for more time to respond in the ongoing case concerning the Waqf Act.
Solicitor General Tushar Mehta, appearing for the government, informed the bench that a preliminary reply, along with necessary documents, filed within a week.
The court recorded the Solicitor General’s assurance that the government would not make any fresh appointments to the Waqf Board or Council until the next hearing.
It also stated that the identification of Waqf properties, whether user-registered or declared through official notifications, would remain on hold for now.
Mehta told the court that the government carefully drafted the Waqf Act after receiving numerous public submissions regarding land classification as Waqf.
He argued that suspending the entire Act would be extreme and requested a week’s time to submit a full response.
The Supreme Court previously acknowledged some beneficial aspects of the law. It emphasized that a complete suspension of the Act would not be justified at this point.
It added that the current situation must remain unchanged while the case is under review.
The bench reiterated the need to preserve the status quo during judicial consideration.
A day earlier, during a two-hour hearing, the court had indicated it might temporarily halt specific provisions of the Act. These include:
- The inclusion of non-Muslims in the Central Waqf Council and Boards,
- The Collector’s authority in Waqf property disputes, and
- The power to de-notify Waqf properties previously confirmed by courts
Although the court was preparing to issue an interim order, Solicitor General Mehta and other lawyers defending the Act urged the bench to hear their arguments first.
A three-judge bench, led by Chief Justice of India Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan, is hearing the matter.
On Wednesday, the bench considered an interim ruling aimed at ensuring a balanced approach.
The bench noted, “We will say that whichever properties have been declared by the court to be Waqf or held to be Waqf will not be de-notified as Waqfs or be treated as non-Waqf properties, whether they are by Waqf-by-user or waqf-by-declaration or otherwise declared by courts or otherwise also.”
“Second, Collector can continue with proceedings, but the proviso will not be given effect to. If he wants, he can move an application before this court, and we can modify it. Third, as far as the constitution of the Board and Council is concerned, ex officio members can be appointed, regardless of their faith, but the other members should be Muslims,” the CJI asserted.
CJI Khanna also remarked that legal amendments could not alter historical facts. He referred to the changes in the law that allow de-notification of long-established Waqf properties.
On the issue of non-Muslim members in Waqf governance, Justice Viswanathan cited the example of the Hindu Charitable Endowments Act. He stated that members of the faith traditionally manage such institutions.
Senior advocate Kapil Sibal, representing a petitioner, questioned the authority given to Collectors to rule on Waqf disputes. He stated that it was unconstitutional for a government officer to act as judge in a matter where the government is an interested party.
He argued that such powers override the religious rights of 200 million Muslims.
Sibal described the new law as an overreach by Parliament into matters of faith.
Towards the end of the hearing, the bench expressed concern over reports of violence in West Bengal’s Murshidabad district linked to the Act.
It said that such unrest was troubling, especially since the case is currently before the court.
Several petitioners have challenged the Waqf Act and its amendments, alleging discrimination and violations of religious rights.
President Droupadi Murmu approved the Waqf (Amendment) Bill, 2025, on 5 April after Parliament passed it following heated debates.
Several political leaders and organizations have contested the Act in court. These include:
- AIMIM MP Asaduddin Owaisi,
- Congress MPs Mohammad Jawed and Imran Pratapgarhi,
- AAP MLA Amanatullah Khan,
- NPP MLA Sheikh Noorul Hassan,
- Azad Samaj Party President Chandra Shekhar Azad,
- SP MP Zia Ur Rehman Barq,
- Jamiat Ulema-i-Hind President Maulana Arshad Madani,
- Samastha Kerala Jamiatul Ulema,
- The SDPI,
- The Indian Union Muslim League, and
- The Association for Protection of Civil Rights
The All India Muslim Personal Law Board (AIMPLB) has also moved the court, calling the amendments arbitrary and exclusionary.
Rajya Sabha MPs Manoj Jha and Faiyaz Ahmad, along with RJD MLA Muhammad Izhar Asfi, have raised concerns about increased government control over Muslim religious endowments.
The DMK, represented by MP A Raja, a former member of the Joint Parliamentary Committee on the Waqf Bill, has also petitioned the court. Other parties like CPI (via General Secretary D Raja), YSR Congress, and TVK President Vijay have also joined the challenge.
In defense of the Act, BJP-led governments in states like Rajasthan, Haryana, Maharashtra, Madhya Pradesh, Assam, Uttarakhand, and Chhattisgarh have filed applications.
Several individuals and organizations have also stepped in to support the legislation, including:
- Advocate Mahendra Pratap Singh,
- Aadivasi Seva Mandal, and
- Hindu Sena President Vishnu Gupta
Two PILs also challenged the Waqf Act and its 2025 amendments. They demanded equal treatment and protection for properties belonging to other communities.
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