New Delhi, April 17 – The Supreme Court of India on Wednesday continued its crucial hearing on the controversial Waqf (Amendment) Act, with Solicitor General Tushar Mehta assuring the bench that the government would not de-notify any Waqf or Waqf-by-user properties that are already registered. The Apex Court, while not putting a stay on the law for now, instructed that no changes be made to the status quo of such properties until further notice.
Key Takeaways from Day 2 of Supreme Court Hearing on Waqf Amendment
- Status quo on Waqf properties to be maintained
- No appointment to be made in Waqf Boards under the new law until the next court order
- Only five selected petitions to be heard; remaining clubbed or dismissed
- Both parties to appoint nodal officers for smooth coordination
- Supreme Court seeks written response from the government within seven days
The next hearing is scheduled for May 5, and the Apex Court emphasized that no Waqf Board appointments should be made in the meantime. The court also directed that the state of the properties should not be altered and specifically noted that Waqf-by-user properties must remain untouched.
Government Assures Status Quo, Court Takes Statement on Record
Responding to concerns over potential misuse of government powers to de-notify religious properties, Solicitor General Tushar Mehta gave a verbal undertaking that no changes would be made to registered Waqf or Waqf-by-user properties. He also stated that district magistrates would not initiate any action under the amended law either.
The bench, headed by Justice Sanjiv Khanna, took the government’s statement on record and granted the Centre seven days to submit a detailed affidavit in response to the petitions.
Who Can Decide Someone’s Religion? – Sibal Questions State’s Power
Representing one of the petitioners, Senior Advocate Kapil Sibal challenged the constitutionality of the Waqf (Amendment) Act. He questioned how the state could determine an individual’s religion and decide whether or not someone is eligible to create a Waqf.
“The government has no right to judge whether I am a Muslim and therefore entitled to create a Waqf,” said Sibal, adding that such power violates the fundamental rights to religion and property.
Sibal also criticized key provisions of the law, including the power to de-notify Waqf properties declared by courts and the inclusion of non-Muslims in the Central Waqf Council and State Boards, calling them unconstitutional.
Voices from the Ground: “Anti-Muslim in Nature” Says Jharkhand Minority Leader
In Ranchi, Hidayatullah Khan, Chairman of the Jharkhand State Minority Commission, strongly criticized the Waqf Amendment Act, calling it “anti-Muslim” and “designed to harass the community.”
Khan praised the Hemant Soren-led government for opposing the implementation of the amended law in Jharkhand. “This Act is an attempt to push the Muslim community backwards—educationally, socially, and economically,” Khan said in a public statement.
Background: Why the Waqf Amendment Act is Controversial
The Waqf (Amendment) Act, introduced in 2023, has sparked nationwide criticism from several minority organizations, legal experts, and community leaders. Critics argue that:
- The law undermines religious autonomy by allowing the state to interfere in religious endowments
- The inclusion of non-Muslim members in Waqf Boards violates the essence of Islamic jurisprudence
- The power to de-notify court-declared Waqf properties infringes on judicial authority and property rights
Supporters of the law claim that the amendments are aimed at bringing transparency and accountability in the functioning of Waqf Boards, which manage over six lakh properties across India.
With the Supreme Court declining to stay the law immediately, the next hearing on May 5 is expected to be crucial. Observers say that the Centre’s response and the court’s interim directions will shape the future course of the Waqf property management system in India.
Until then, the Court’s firm message is clear: “Maintain status quo. No changes. No appointments.”
