'No waqf appointments, changes to waqf by user': SC grants 7 days to Centre's reply

The Supreme Court on Thursday stayed the implementation of certain controversial provisions of the newly enacted Waqf law. The court halted the inclusion of non-Muslims in Waqf boards and councils and put a temporary stop on changes to Waqf properties under the 'waqf by user' clause.

The stay will remain in effect until the next hearing scheduled for May 5. A bench led by Chief Justice D.Y. Chandrachud made it clear that the status of Waqf properties should remain unchanged during this period. The court’s order followed concerns that the amended law, which came into force on April 8, might significantly alter the religious and legal landscape surrounding Waqf institutions.

The Centre, represented by Solicitor General Tushar Mehta, assured the court that no appointments would be made to the newly constituted boards or councils as per the 2025 Act. Mehta also said that Waqf properties declared through notifications or gazette publications would not be altered.

One of the law’s most debated changes is the removal of the 'waqf by user' provision, which allowed properties to be treated as Waqf if they had long been used for religious or charitable purposes—even without legal ownership documents. The Supreme Court has now directed that such properties should not be denotified until further orders.

While considering the challenges posed by petitioners, the court refused to place a blanket stay on the entire law. The Chief Justice noted that the legislation includes some “positive provisions” and hence, it would be inappropriate to block it entirely. However, the court emphasized maintaining the status quo to prevent any irreversible actions before a thorough legal review.

Another controversial aspect that drew the court’s attention was the provision barring a Muslim from creating Waqf within five years of converting to Islam. Though this clause has not been stayed, the court's remarks suggest it is also under scrutiny. Petitioners and government representatives have been asked to submit their written responses in a week, after which the court will proceed with detailed hearings.