Supreme Court Seeks Centre’s Reply on Waqf Act, 2025; Hearing Set for 5 May

The Supreme Court on Thursday recorded the Centre’s assurance that no appointments would be made to the Waqf Boards or the Central Waqf Council under the Waqf (Amendment) Act, 2025, until the next hearing on the matter. The matter is now scheduled for further hearing on 5 May 2025.

A three-judge Bench led by Chief Justice of India Sanjiv Khanna and comprising Justices P.V. Sanjay Kumar and K.V. Viswanathan heard Solicitor General Tushar Mehta, who appeared on behalf of the Union government. The Solicitor General sought a week’s time to file a preliminary response to several petitions challenging the newly enacted legislation.

“This is a considered piece of legislation. We have received lakhs of representations of villages after villages being claimed as waqf. Many people are raising questions about their property,” Mehta submitted. “This court may hear the matter fully, but it requires detailed assistance,” he added, urging the Bench not to take any “harsh step” such as a blanket stay on the Act.

Cautioning against sweeping judicial interventions, Mehta further said, “Please give me a week to file a preliminary reply with relevant documents. This is not a matter that can be considered in haste.”

Responding to the submission, Chief Justice Khanna clarified the court's approach. “We had said earlier that there are some positive aspects of the law. We are not inclined to impose a complete stay. But we also don’t want the present situation to be altered in a manner that causes irreparable consequences.” The CJI further remarked, “When a matter is pending before the court, we must ensure that the status quo is preserved.”

Justice Sanjay Kumar emphasised that the court was not making any final determination at this stage, stating, “We are not deciding anything finally as of now.

In open court, Chief Justice Khanna said, “During the course of the hearing, Solicitor General Mehta submitted that the respondents would like to file a short reply within seven days. He also assured that no appointments shall be made to the boards or councils under the 2025 Act until the next date of hearing. Further, waqf properties, including those notified or gazetted as waqf by usage, shall not have their status altered.”

Among the provisions of the Waqf (Amendment) Act, 2025 flagged by the court for potential scrutiny are:

·         The inclusion of non-Muslims in Waqf Boards and the Central Waqf Council

·         Empowering district collectors to adjudicate waqf property disputes

·         The de-notification of properties already declared as waqf by courts

The Bench issued directions to streamline the hearing process. Only five petitioners will be allowed to appear before the court during the next hearing. All other petitioners will be treated as applicants or disposed of. A nodal counsel is to be appointed to coordinate among the petitioners.

Petitions challenging the original Waqf Act of 1995 and its 2013 amendments will be listed separately. The court directed the Union government, state governments, and Waqf Boards to file their responses within seven days. Rejoinders, if any, must be filed within five days thereafter.