Centre Assures Supreme Court: No Non-Muslim Appointments to Waqf Boards or De-Notifications Until Next Hearing

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 Supreme Court Halts Key Provisions of Waqf (Amendment) Act, 2025 Amidst Legal Challenges​

On April 17, 2025, the Supreme Court of India intervened in the implementation of the Waqf (Amendment) Act, 2025, following multiple petitions challenging its constitutional validity. The Court recorded the Union government's assurance that no waqf properties would be denotified, and no new appointments—including non-Muslim members—to waqf boards would occur until the next hearing scheduled for May 5, 2025 .​

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Key Issues Under Judicial Scrutiny

The Supreme Court, led by Chief Justice Sanjiv Khanna, is examining several contentious aspects of the amended law:​

  • Elimination of 'Waqf-by-User' Recognition: The amendment removes the legal acknowledgment of properties considered waqf due to long-standing religious or charitable use without formal documentation. Critics argue this change could jeopardize the status of numerous waqf properties across India .​

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  • Inclusion of Non-Muslim Members in Waqf Boards: The Act mandates the inclusion of non-Muslim individuals in the Central Waqf Council and State Waqf Boards. Opponents contend this infringes upon the religious autonomy of Muslim-managed institutions .​

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  • Enhanced Governmental Authority: The amendment grants district collectors the power to determine ownership of disputed waqf properties, raising concerns about potential governmental overreach into religious affairs .​

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Government's Position

The Union government defends the amendments as efforts to enhance transparency and accountability in the management of waqf properties. Minister of Minority Affairs, Kiren Rijiju, emphasized that the changes aim to streamline processes and prevent misuse of waqf assets .​

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Legislative Background

The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, and passed on April 3, 2025, with 288 votes in favor and 232 against. The Rajya Sabha approved the bill on April 4, 2025, with a narrower margin of 128 to 95 votes. President Droupadi Murmu gave her assent on April 5, 2025, and the Act came into force on April 8, 2025.

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Frequently Asked Questions

What is 'waqf-by-user'?

'Waqf-by-user' refers to properties that have been used for religious or charitable purposes over a long period without formal documentation. The 2025 amendment removes legal recognition of such properties, potentially affecting many longstanding waqf assets .

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Why is the inclusion of non-Muslims in waqf boards controversial?

Critics argue that mandating non-Muslim members in waqf boards infringes upon the religious autonomy of Muslim institutions and could lead to decisions that do not align with Islamic principles .​

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What are the next steps in the legal proceedings?

The Supreme Court has directed the Union government to submit its response within seven days, with petitioners allowed five days thereafter to file rejoinders. The matter is scheduled for the next hearing on May 5, 2025 .

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