Big pause on Waqf law changes: Centre backs off, no properties to be touched till Supreme Court ruling

Why has the Supreme Court stepped in on the Waqf Amendment Act 2025?

The Supreme Court of India has intervened in the contentious debate surrounding the Waqf (Amendment) Act, 2025, following petitions that challenge the constitutional validity of the law. In a significant development, the Centre assured the apex court that no waqf properties will be de-notified or altered until the court reconvenes for the next hearing on May 5, 2025. This statement, issued during proceedings on April 17, effectively pauses the implementation of one of the law’s most controversial provisions and prevents appointments of non-Muslims to waqf boards during the interim period.

The solicitor general, appearing on behalf of the central government, confirmed that the status quo will be maintained. This assurance was taken on record by a bench led by Chief Justice D.Y. Chandrachud, who also instructed the Centre to submit a comprehensive reply to the petitions within a week.

The case comes amid widespread backlash from opposition parties, religious organizations, and civil society groups over what they describe as an encroachment on the religious and administrative autonomy of Muslim institutions. The petitioners argue that the amendments infringe upon the fundamental rights guaranteed under Articles 25 and 26 of the Constitution, which protect freedom of religion and the right to manage religious affairs.

What are the key provisions of the Waqf (Amendment) Act, 2025 being challenged?

At the heart of the controversy are changes introduced in the Waqf (Amendment) Act, 2025. The new legislation removes the concept of “waqf by user,” a longstanding principle that allowed property to be deemed waqf based on historical, public religious usage. By eliminating this recognition, critics argue that thousands of properties traditionally used for religious purposes could now face challenges to their legal waqf status.

Equally contentious is the provision that allows for the inclusion of non-Muslims on waqf boards. This move has been described by several Muslim leaders as an attempt to dilute the control of the Muslim community over its religious institutions. Moreover, the Act gives district collectors the power to adjudicate disputes over waqf status — a shift from judicial to executive oversight that critics say undermines the checks and balances necessary in managing community-endowed properties.

Another critical concern is the new power vested in the central government to de-notify waqf properties. The absence of judicial oversight or procedural safeguards in this process has triggered fears that waqf lands could be repurposed or encroached upon by state agencies or private entities.

How are stakeholders reacting to the Supreme Court’s temporary pause on implementation?

The Supreme Court’s interim relief has been welcomed by a wide spectrum of stakeholders. Opposition parties, including the Indian National Congress and the All India Majlis-e-Ittehadul Muslimeen, have voiced support for the petitioners and expressed relief at the Centre’s decision to hold off on immediate changes. Congress MP Imran Pratapgarhi publicly described the development as “a win for the Constitution,” while AIMIM chief Asaduddin Owaisi reiterated his party’s commitment to continuing the legal challenge.

Muslim religious organizations, including the Jamiat Ulema-e-Hind and All India Muslim Personal Law Board, also hailed the move as a much-needed pause to reconsider a law they deem both discriminatory and legally flawed. Legal experts following the case closely have noted that the Centre’s assurance effectively signals that it is open to judicial review and is avoiding a confrontation with the judiciary over religious rights.

What is the historical background of waqf governance in India?

The institution of waqf in India dates back to the early years of Islamic rule in the subcontinent. Waqf, a religious endowment typically in the form of land or property, is created by Muslims for charitable, religious, or educational purposes. Over time, the waqf system became a significant socio-economic pillar in Muslim communities, funding mosques, madrasas, and welfare activities.

The first formal legislation on waqf was introduced during British rule in the form of the Mussalman Wakf Validating Act of 1913. Post-independence, the Waqf Act of 1954 and later the Waqf Act of 1995 created a statutory framework for waqf administration, including the formation of waqf boards in every state. These boards are tasked with the registration, protection, and supervision of waqf properties, often operating with limited resources and under heavy scrutiny.

The Waqf (Amendment) Act, 2013, passed during the Congress-led UPA government, strengthened the oversight of these boards by restricting the sale or transfer of waqf property. The 2025 amendment, however, marks a significant departure from this protective stance, triggering fears of centralisation and possible misuse.

What are the broader implications of this legal challenge for religious freedom in India?

The outcome of this case may have wide-ranging consequences for the governance of religious institutions in India, particularly with respect to minority rights. At its core, the legal challenge is not only about administrative changes to waqf boards but also about the constitutional balance between state authority and religious autonomy.

Should the Supreme Court strike down or modify key provisions of the Waqf (Amendment) Act, it could set a precedent for limiting governmental control over religious institutions across communities. Conversely, if the law is upheld in its entirety, it may embolden future legislation that reduces the autonomy of minority-managed religious assets under the guise of administrative efficiency or transparency.

The court’s final judgment could also affect ongoing debates about Uniform Civil Code implementation, minority education rights, and other constitutional protections related to religious identity and governance. As India continues to evolve in its approach to secularism, the waqf law case may serve as a critical flashpoint in that journey.

What happens next in the Supreme Court’s review of the Waqf Amendment Act?

The next hearing in the matter is scheduled for May 5, 2025. The Centre has been directed to file a detailed affidavit explaining the rationale behind the amendments and justifying their constitutional validity. Petitioners are also expected to present extensive documentation on the historical, legal, and religious implications of the changes.

While the Supreme Court has not stayed the law’s operation in entirety, the Centre’s voluntary assurance to suspend key actions — such as de-notification and non-Muslim appointments — indicates that the government is treading cautiously. Legal analysts suggest that the court may either call for a partial rollback of the Act or recommend procedural safeguards to ensure religious rights are not infringed upon.

This interim phase may also influence legislative behaviour across states, as waqf boards and minority affairs departments adopt a wait-and-watch approach, wary of inviting legal complications before the top court’s final ruling.