Supreme Court puts certain provisions of new waqf law on hold

The Supreme Court has temporarily stayed certain controversial provisions of the new Waqf law until May 5, including the inclusion of non-Muslims in Waqf Boards and Councils. The decision came from a bench led by Chief Justice  Sanjiv Khanna, which also ruled that provision of ‘waqf by user’, allowing properties to be declared as waqf based on long term religious or charitable use, should not be reversed until the next hearing. 

Also Read: SC questions removal of ‘Waqf by User’ provision in new amendment law

The Centre, represented by Solicitor General Tushar Mehta, assured the court that no new appointments would be made to Waqf boards or councils under the recently implemented 2025 law. It also guaranteed that the status of existing Waqf properties, including those recognized under the ‘waqf by user’ category, would remain unchanged during this period. 

The new law, which came into effect on April 8, removed the ‘waqf by user’ provision and introduced the requirement to appoint non-Muslims to waqf boards, triggering legal challenges and widespread debate. 

Although the court did not stay the entire law, it highlighted that some provisions could have serious consequences. It also referred to another clause preventing a Muslim from creating waqf property unless they have followed Islam for at least five years, but clarified that this would not be stayed at present. 

The centre has been given a week to respond, with petitioners allowed five days to file a rejoinder.