<p>The Supreme Court has underlined the concerns over some of the major provisions of the Waqf (Amendment) Act, 2025, by ordering status quo on the provisions till the next hearing in the case. The court asked important and searching questions on these controversial provisions, and the government did not have ready and satisfactory answers. These questions were about the induction of non-Muslims in the central Waqf Council and state waqf boards, de-notification of properties declared as waqf and granting of unbridled powers to district collectors to terminate the validity of waqf properties. The court has forced the government to give an undertaking that it would put on hold some provisions till the next hearing, on May 5. These include provisions for appointments to the Council and boards, and de-notification of properties.</p>.Waqf Act: Reform or quiet repression?.<p>While it cannot be said that the court has stayed the Act, there is a virtual hold on implementation of some of its key provisions for a certain period. The government managed to avoid a stay by giving the court the assurances it sought. It wanted to buy time on the first day of the hearing and sought a deferment of the hearing on the second day on the ground that it needed to file written submissions. It sensed the unfavourable mood of the court as the bench of Chief Justice Sanjiv Khanna, and Justices Sanjay Kumar and K V Vishwanathan framed the issues raised by the Act both in constitutional and practical terms and wondered about their implications.</p>.<p>The country has seen protests by the Muslim community and organisations against the provisions of the Act. The apprehensions are also shared by many others who feel that these provisions are not in agreement with constitutional provisions that grant to all citizens the right of equality before the law and the right to religious freedom. The court specifically asked the government whether it was open to the idea of appointing non-Hindus in Hindu religious trusts and endowments. These and other controversial provisions had given rise to the apprehension that the government’s aim was not to reform the waqf law but to impose control. The community also fears that waqf lands would be taken over by the government on the pretext of management. There was no consultation with the community before the bill was formulated. No effective deliberations were held in the joint parliamentary committee (JPC) and all recommendations made by the Opposition members were ignored. The court has observed that there are positive features in the Act. While those features need to be preserved, the court has also indicated that it will put the contentious provisions under serious scrutiny.</p><p><em>Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.</em></p>
<p>The Supreme Court has underlined the concerns over some of the major provisions of the Waqf (Amendment) Act, 2025, by ordering status quo on the provisions till the next hearing in the case. The court asked important and searching questions on these controversial provisions, and the government did not have ready and satisfactory answers. These questions were about the induction of non-Muslims in the central Waqf Council and state waqf boards, de-notification of properties declared as waqf and granting of unbridled powers to district collectors to terminate the validity of waqf properties. The court has forced the government to give an undertaking that it would put on hold some provisions till the next hearing, on May 5. These include provisions for appointments to the Council and boards, and de-notification of properties.</p>.Waqf Act: Reform or quiet repression?.<p>While it cannot be said that the court has stayed the Act, there is a virtual hold on implementation of some of its key provisions for a certain period. The government managed to avoid a stay by giving the court the assurances it sought. It wanted to buy time on the first day of the hearing and sought a deferment of the hearing on the second day on the ground that it needed to file written submissions. It sensed the unfavourable mood of the court as the bench of Chief Justice Sanjiv Khanna, and Justices Sanjay Kumar and K V Vishwanathan framed the issues raised by the Act both in constitutional and practical terms and wondered about their implications.</p>.<p>The country has seen protests by the Muslim community and organisations against the provisions of the Act. The apprehensions are also shared by many others who feel that these provisions are not in agreement with constitutional provisions that grant to all citizens the right of equality before the law and the right to religious freedom. The court specifically asked the government whether it was open to the idea of appointing non-Hindus in Hindu religious trusts and endowments. These and other controversial provisions had given rise to the apprehension that the government’s aim was not to reform the waqf law but to impose control. The community also fears that waqf lands would be taken over by the government on the pretext of management. There was no consultation with the community before the bill was formulated. No effective deliberations were held in the joint parliamentary committee (JPC) and all recommendations made by the Opposition members were ignored. The court has observed that there are positive features in the Act. While those features need to be preserved, the court has also indicated that it will put the contentious provisions under serious scrutiny.</p><p><em>Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.</em></p>
