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COVER STORY APRIL 25, 2025 | The Indian Eye 4

WAQF AMENDMENT LAW

SETBACK FOR

GOVERNMENT?

As the Supreme Court hints it might stay certain provisions of the new law,

the government tries to argue in its favor.
Violence in certain parts of the country makes the situation worrisome

OUR BUREAU
New Delhi/Kolkata/Hyderabad
he Waqf (Amendment) Bill
was passed by Parliament after
Theated debates in both Houses,
and President Droupadi Murmu gave
her assent to the Act on April 5. Fol-
lowing it, several petitions have been
filed in the Supreme Court challeng-
ing the Act, arguing that it is discrim-
inatory towards the Muslim commu-
nity and violates their fundamental
rights.
This week the Supreme Court
had indicated that it might stay cer-
tain key provisions of the Act, such
as the inclusion of non-Muslims in
the Central Waqf Council and Waqf
Boards, the powers of Collectors to
decide disputes over Waqf proper-
ties, and provisions related to de-no-
tifying properties declared as Waqf.
During the proceedings, CJI
Khanna had questioned how proper-
ties declared as Waqf long ago could
be suddenly reclassified, highlighting
concerns about the government at-
tempting to “rewrite history” through Muslim community members stage a protest against the Waqf (Amendment) Act 2025 following Friday Prayers, at Charminar in Hyderabad (ANI)
amendments to the law. “The gov-
ernment cannot rewrite history As the controversy continues, for the Centre, to the apex court that, to submit a response, and petitioners
through these changes brought in by the Centre on Thursday assured the until the next date of hearing, Waqf will be allowed to file their rejoinder
the amendments to the Waqf law,” Supreme Court that key provisions properties, including ‘Waqf by user’, within five days thereafter.
said the CJI, referring to the scope of the Waqf (Amendment) Act, 2025, which are declared by notification or The matter has been posted for
under the new Act to de-notify prop- including the inclusion of non-Mus- registered, will not be de-notified. hearing in the week commencing
erties declared as Waqf hundreds of lims in the Central Waqf Council Furthermore, the Solicitor Gen- May 5. “The hearing on the next date
years ago. and Waqf Boards and provisions on eral assured the court that no ap- will only be for directions and interim
The bench had also raised con- de-notifying Waqf properties, will not pointments will be made to the Waqf orders, if any,” the bench added.
cerns about the potential impact of be given effect to for some time. Council or Waqf boards. The Centre During the hearing, Solicitor
the new Act on properties not regis- A bench of Chief Justice of India also sought additional time to file a General Mehta urged the bench not
tered or documented, such as Waqf- Sanjiv Khanna and Justices PV San- response to petitions challenging the to stay the provisions of the Act, say-
by-user properties, which account for jay Kumar and KV Viswanathan re- constitutional validity of the Waqf ing that the law was enacted after
a significant number of Waqf proper- corded the assurance given by Solici- (Amendment) Act, 2025. The bench considering many representations
ties in India. tor General Tushar Mehta, appearing granted a week’s time for the Centre Continued on next page... >>

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