Supreme Court moves to freeze key parts of Waqf Act as Centre scrambles to defend controversial changes

India‘s Supreme Court signalled its intention to issue an interim stay on select provisions of the Waqf (Amendment) Act, 2024, raising constitutional concerns over recent rule changes that affect the management and classification of waqf properties across the country. As the Centre defended the legal foundation of the amendments, a bench led by Chief Justice Sanjiv Khanna appeared inclined to preserve the pre-amendment status quo pending further examination of the law.

The judicial remarks came during a key hearing on multiple petitions challenging the constitutionality of the amended Waqf Act, with the bench specifically outlining three areas where the court plans to act: the protection of court-declared waqf properties, the role of district collectors in determining land status, and the composition of waqf boards in relation to religious identity.

Why did the Supreme Court raise questions about the amended Waqf Act?

The Waqf (Amendment) Act, 2024, introduced by Union Minister of Minority Affairs Kiren Rijiju, has drawn sharp criticism for overhauling longstanding procedures regarding how waqf properties are governed, identified, and managed. In particular, the amendment repealed the controversial “waqf by user” clause — a rule that allowed a property to be declared waqf based on continuous religious use, even without a deed.

During the April 16 hearing, Chief Justice Khanna stated that properties which have already been declared waqf through a judicial process should not be affected by the repeal. In response to arguments by the petitioners, the court expressed concern that the deletion of this clause could potentially invalidate decades-old judicial decisions and lead to the reclassification of such properties as government land.

In addition, the court criticised the proviso empowering the district collector to treat a waqf property as non-waqf while an inquiry is pending on whether it is government land. The bench signalled that this would be stayed as well, pending a detailed ruling, noting the potential conflict it creates between administrative and judicial authority.

What are the implications for the governance of waqf properties?

The 2025 amendment also introduces structural reforms to waqf institutions, such as the mandatory inclusion of Muslim women on waqf boards and the digitisation of waqf property records through a centralised portal. While these changes are broadly in line with transparency and gender-inclusion objectives, some petitioners argue that they were introduced without adequate consultation with stakeholders.

One significant point of contention is a new provision allowing for appeals of Waqf Tribunal decisions to be made to the High Court within 90 days. Critics claim this might delay justice for those involved in longstanding waqf property disputes, especially in states with large backlogs of civil litigation.

The Supreme Court also took issue with the composition of waqf boards and the Central Waqf Council, suggesting that except for ex-officio members, all should be Muslims — a potential return to the original framework under the Waqf Act, 1995. While the amendment had not explicitly altered this, legal ambiguities prompted the bench to consider this as one of the points requiring judicial clarification.

How has the Central Government responded to the court’s signals?

In anticipation of the Supreme Court’s interim ruling, the Union Government filed a caveat seeking to be heard before any orders were issued on the pleas. The move signals the Centre’s commitment to defend the reforms it argues were introduced to curb misuse of waqf declarations and streamline property governance.

The Ministry of Minority Affairs maintains that the amendments aim to balance community interests with property rights while preventing fraudulent claims over public or private land. Officials argue that the law does not retrospectively nullify any waqf declarations already upheld by courts, and instead focuses on preventing unsubstantiated claims from being made under the repealed “waqf by user” route.

However, critics, including opposition figures like Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi, contend that the law disproportionately affects the Muslim community’s ability to safeguard and manage religious assets. They have questioned whether the Act violates constitutional provisions related to religious freedom, equality before law, and the right to manage religious affairs.

What’s at stake for waqf institutions and minority rights in India?

Waqf properties in India — religious endowments made for charitable purposes — constitute a large and often contentious land portfolio. Managed by state and central waqf boards, these lands fund mosques, graveyards, madrasas, and social welfare initiatives. Disputes over ownership, encroachment, and mismanagement have frequently made waqf lands the subject of legal scrutiny.

The Supreme Court’s deliberation comes at a time when minority rights, especially involving religious property, have become politically sensitive. The interim stay — once officially passed — could provide temporary relief to petitioners while giving the judiciary time to deliberate on the constitutional merits of the amendments.

Legal experts note that any final ruling could serve as a landmark judgment in balancing state oversight with religious autonomy in property management. A key factor under judicial review is whether administrative mechanisms like the Collector’s powers interfere with judicial findings and established religious rights.

How might this affect upcoming policy decisions on religious property rights?

The case could have broader ramifications for government legislation affecting religious trusts and endowments across communities. The Supreme Court’s stance on procedural fairness, religious representation in statutory bodies, and judicial supremacy over administrative interpretation may set a precedent for how similar institutions — such as Hindu temple boards or Christian trusts — are governed.

If the interim order is issued as signalled, it may prompt the Centre to revisit certain clauses of the 2025 amendment to avoid further judicial entanglement. Any further delay in resolution may also impact property transactions, waqf development projects, and ongoing litigation involving the nearly 7 lakh waqf properties across India.