The Central government on Friday defended the recent amendments made to the Waqf Act, asserting before the Supreme Court that there should be no interim suspension of the amended provisions while the petitions challenging them on religious and property-related grounds are still being heard.
In its official response to the batch of petitions filed against the Waqf (Amendment) Act, the Centre argued that the concept of 'waqf by user'—referring to properties deemed waqf due to their long-standing use for religious purposes—has never been solely recognised based on oral tradition or customary usage.
Instead, the government emphasised that since the enactment of the first Waqf Act in 1923, such recognition has only been conferred upon formal registration of the property. “Therefore, the recent amendment is in harmony with the consistent legal and administrative practice followed for the last 100 years,” the Centre submitted to the bench.
The term ‘waqf by user’ pertains to land or property that, while lacking formal documentation or a written deed, has historically been used for religious activities—such as mosques, dargahs, or graveyards—and is thereby considered waqf by virtue of continued usage over time.
Earlier this month, the Supreme Court issued an interim stay on the operation of three specific provisions in the Waqf Act, 2025, raising serious concerns about the implications of the amendments.
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The top court took particular note of the removal of ‘waqf by user’ as a legal category, the inclusion of non-Muslim members on waqf boards, and the enhanced powers granted to District Collectors in determining the waqf status of land, especially in cases involving disputed government-owned properties.
While issuing the interim order, Chief Justice of India Sanjiv Khanna remarked, “We do not ordinarily stay legislation at this stage of the challenge unless there are exceptional circumstances. This appears to be one such exception. Our concern is that if waqf-by-user is de-notified, it may lead to far-reaching and possibly irreversible consequences.”
The apex court’s intervention has temporarily halted the application of the contested provisions, pending further hearings on the constitutional and legal validity of the amendments.
Addressing another key issue raised in the petitions, the Centre also defended the newly introduced clause that mandates the inclusion of two non-Muslims among the 22-member Waqf Council.
The government contended that this move is intended to foster inclusivity and broader representation, and should not be interpreted as an interference in the religious or administrative autonomy of waqf institutions.
The matter is scheduled for further hearings as the Court continues to deliberate on the constitutional implications and potential societal impact of the amended law.
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