SC halts non-Muslim appointments to Waqf boards, no denotification of properties till next hearing

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Amid ongoing controversy over the inclusion of non-Muslims in Waqf Boards and Councils, the Supreme Court on Wednesday recorded assurances from the Centre that no such appointments would be made until further orders.

The court also noted that, per the government’s assurance, no Waqf properties — including “Waqf-by-user” properties already notified or registered — shall be denotified, and that Collectors will not make any changes to their status in the meantime.

The bench comprised of Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan is currently hearing several petitions challenging the constitutional validity of the 2025 amendments made to the 1995 Waqf Act for the second consecutive day.

The top court on Wednesday had expressed strong reservations about several provisions of the Waqf (Amendment) Act, 2025, hinting that some clauses may not withstand constitutional scrutiny.

The three-judge bench, led by the CJI, had identified multiple legal and religious concerns, setting the stage for a detailed judicial examination of the controversial legislation.

Major concerns

Chief Justice Khanna, along with Justices Kumar and Vishwanathan, had outlined three specific areas of concern during the hearing on Wednesday:

Invalidation of Waqf by User: Properties previously recognised as Waqf through judicial decrees—particularly those falling under “Waqf by user” (established by long-standing public use)—risk being declared void under the amended law. The CJI had noted this could have far-reaching consequences, particularly for properties without formal title documents but long accepted as Waqf.
Non-Muslim Majority in Waqf Council: The bench raised eyebrows over provisions allowing a non-Muslim majority in the Waqf Council and related bodies. The CJI had also stressed that Waqf institutions are rooted in Islamic charitable and religious practice, and questioned whether similar inclusions would be accepted in Hindu temple boards.
Collector’s Role in Disputed Properties: Under the amended Act, if a property’s waqf status is under dispute, it would be treated as non-Waqf until a collector’s inquiry concludes. The bench had warned that this could amount to premature de-notification, even for properties recognised by courts in the past.

Though the court had refrained from issuing an interim stay on the law, CJI Khanna had made it clear that such an order could still be considered to preserve balance and prevent irreversible harm.

He had further hinted that properties previously declared Waqf by court order may be protected from de-notification, at least until the matter is fully heard.

Flood of petitions challenges amendments

The controversial legislation has triggered a wave of legal challenges, with more than 70 petitions filed in the apex court. These petitions argue that the amendments threaten both religious freedoms and property rights, particularly of the Muslim community.

Among the most vocal critics is advocate Hari Shankar Jain, who is also involved in the high-profile Gyanvapi and Mathura Idgah cases.

Jain has demanded the repeal of multiple sections from both the original Waqf Act of 1995 and the 2025 amendments, alleging that they are being exploited by Waqf Boards to illegally claim lands belonging to public bodies, gram samajs, and Hindu temples.

Jain’s petition has been joined by many others, including:

AIMIM president Asaduddin Owaisi
AAP leader Amanatullah Khan
All India Muslim Personal Law Board
Darul Uloom principal Arshad Madani
RJD MP Manoj Kumar Jha
DMK MP A Raja
CPI and Congress leaders
Jamaat-e-Islami and SDPI members

These petitioners argue that the amendments are an attempt to marginalise Muslims and weaken their control over religious endowments.

Many called the Act a violation of Articles 25 and 26 of the Constitution, which protect the right to manage religious affairs.

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SC halts non-Muslim appointments to Waqf boards, no denotification of properties till next hearing

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