Waqf Act hearing: What are two key provisions put on hold by the central govt?

Taking note of the Supreme Court’s observations, the central government on Thursday (April 17) agreed to temporarily halt the implementation of two key provisions of the Waqf (Amendment) Act, 2025 — the concept of ‘waqf-by-user’ and the inclusion of non-Muslim representatives on waqf boards — until next week.

This assurance came during a hearing where Solicitor General Tushar Mehta urged the bench, led by Chief Justice of India Sanjiv Khanna, not to issue an interim stay without first considering the Centre’s written submissions.

“My request is this…Allow me to place within a week, and I promise Your Lordships, it will come before Your Lordship within a week, my preliminary reply, some material documents with documents and statutes to show…This is not a matter which Your Lordships would also like to consider on prima facie reading.”My request is this…Allow me to place within a week, and I promise Your Lordships, it will come before Your Lordship within a week, my preliminary reply, some material documents with documents and statutes to show…This is not a matter which Your Lordships would also like to consider on prima facie reading,” Mehta told the top court.

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The bench, which also includes Justices PV Sanjay Kumar and KV Viswanathan, accepted the Centre’s request and scheduled the matter for next week. The Court had earlier flagged three controversial aspects of the Act during a hearing on April 16, stating its inclination to stay the operation of the provisions. Among these, the provision of ‘waqf-by-user’ — which allows land long used for Muslim religious or charitable purposes to be deemed waqf property even if not officially registered — has drawn significant scrutiny.

The third provision flagged by the court relates to the powers given to district collectors. Under the new law, if a collector declares a property to be government land, it would automatically cease to be waqf property unless a court rules otherwise. The court suggested that while an inquiry by the collector is permissible, its findings should not immediately affect the status of the property until reviewed by a court.

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Mehta also requested additional time for two more government counsels to present arguments. The bench recorded in its order that the centre would submit a short response within seven days. It also stated that the next hearing would involve passing directions and an interim order.

“He (Mehta) further states that till the next date of hearing, he assures the court that no appointments will be made to the Council and the Board under sections 9 and 14 of the amended provisions. It is also stated that till the next date of hearing, the Waqf, including Waqf by use, whether declared by way of notification or by way of registration, shall not be identified, neither will their character be changed. We take the statement on record. Let the reply/counter affidavit on behalf of the respondents be filed within 7 days. Response thereto be filed within 5 days thereafter,” the court said.