What Centre Told Supreme Court On Waqf Act?
New Delhi: The Supreme Court on Thursday (April 17) instructed the Union government to file its response to the petitions challenging the constitutional validity of the Waqf Amendment Act 2025 in a week’s time.
The Court has scheduled next hearing on May 5, to hear pleas against the legal validity of the Waqf (Amendment) Act, 2025, and it would hear five pleas regarding the case, noting that it is “impossible to deal with so many pleas.”
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During the hearing, the Centre told the apex court that non-Muslims won’t be appointed to the Central Waqf Councils and State Waqf Boards. Solicitor General G Tushar Mehta demanded seven days time to file response, assuring that till next date of hearing, no members will be added to waqf boards or waqf council. On Wednesday, the court had questioned the rational behind the inclusion non-Muslims in the Waqf boards.
The Centre has also assured that Waqf including waqf by user whether declared by way of notification or registration shall not be denotified till next hearing on the matter. Against the top court’s proposal to stay certain provisions, Tushar Mehta, during the Waqf Act hearing stated it would be a harsh step by staying provisions.
Mehta claimed that the legislation was brought in response to lakhs of such representations. “Villages after villages, countless plots are being declared as Waqf,” the solicitor general stated, adding that the matter has significant public implications. While requesting for time to file response, he stressed that the issue requires deeper deliberation.
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On Wednesday, the Supreme Court proposed to stay certain provisions of the controversial Waqf (Amendment) Act, 2025, which seeks to weaken Waqf Boards while empowering the district administration over the Waqf properties. The top court raised concerns over several contentious provisions, including the power of the state to denotify properties declared as waqf by courts and the inclusion of non-Muslims in central Waqf councils and boards. The Center has sought a detailed hearing before any interim order as it suggested staying certain provisions in the Act.
Notably, the top court has clarified that a complete stay on the Act will not be justified, adding that the Act contains certain positive provisions.
