The Supreme Court raised concerns about the Waqf (Amendment) Act, 2025 during a hearing on nearly 100 petitions.
The Act removes recognition for “Waqf-by-user” properties — those used for religious purposes over long periods without formal documents.
It also allows non-Muslims into Waqf administrative bodies and gives the government power to decide if a property is Waqf or state-owned.
Chief Justice Sanjiv Khanna proposed an interim order with three points to balance all sides.
First, properties already declared Waqf by courts, including Waqf-by-user, should not be denotified for now.
Second, government officers can continue checking property status, but the clause halting their Waqf use meanwhile could be put on hold.
Third, non-Muslims may be allowed in Waqf Boards as ex-officio members, but the rest must remain Muslim.
The government opposed passing an interim order and asked for more time; the court adjourned without issuing any orders.
The CJI warned that denotifying old Waqf-by-user properties, especially without registration documents, could create major issues.
He noted that such properties go back centuries, predating modern land registration laws.
Petitioners argued the new law violates Article 26 of the Constitution by restricting who can dedicate property as Waqf.
One clause requires someone to prove they’ve been a practising Muslim for five years before making a Waqf, which was also challenged.
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