The Supreme Court has temporarily stayed the implementation of certain controversial provisions in the new Waqf law, which came into effect on April 8, 2025, after serious concerns were raised about its constitutionality and social impact.
🔹 Key Provisions Stayed (Temporarily)
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Inclusion of Non-Muslims in Waqf Boards and Councils:
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The new law makes it compulsory to include non-Muslims in Waqf boards and councils.
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The Supreme Court has stayed this part until the next hearing on May 5.
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‘Waqf by User’ Protection:
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This legal doctrine allows a property to be classified as Waqf based on long-term use for religious or charitable purposes, even without formal ownership documentation.
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The new law removes this provision, but the Court said the status quo must be maintained — no denotification of such properties for now.
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🔹 Centre’s Assurances
Solicitor General Tushar Mehta, representing the Centre, gave two key assurances:
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No appointments to Waqf boards and councils under the new law will be made until the May 5 hearing.
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The status of Waqf properties, including those under 'waqf by user', will not be altered.
🔹 What the Court Said
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The interim order ensures that the character of Waqf properties remains unchanged for now.
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The Court declined to stay the entire law, stating:
“There are some positive aspects... There cannot be a complete stay.”
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However, it wants to prevent any immediate or irreversible changes while the matter is being examined.
🔹 Other Controversial Provision
The Court also referred to another clause that restricts newly converted Muslims from making a Waqf unless they have been Muslim for at least five years. Though it hasn’t been stayed, the Court mentioned it while noting the seriousness of the issues involved.
🔹 What’s Next?
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The Centre will file its response within 7 days.
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Petitioners can file their rejoinder within 5 days of that.
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The matter will come up again on May 5, where the Court may take a more decisive stance based on the arguments.
