Supreme Court's Decision on Waqf Act, 2025

The Supreme Court has postponed its interim decision on the challenges to the Waqf Act, 2025, to May 5. This comes after the Centre requested time to file a defense, assuring the court it will not appoint non-Muslims to Waqf boards or alter any Waqf's character until the next hearing.

Key Issues Raised by Petitioners

• Challenge and Petitioners:
  Approximately 65 petitions challenge the validity of the Waqf Act, 2025, filed by various political figures and organizations.
• Violation of Article 26:
  The petitioners, represented by Senior Advocate Kapil Sibal, argue that the law violates Article 26 of the Constitution, which ensures freedom to manage religious affairs, subject to public order, morality, and health.
• Specific Concerns:
  1. Elimination of "Waqf by use":
     The new law does away with "Waqf by use" for future dedications, restricting it only to registered properties. This raises concerns about properties long used for religious purposes but not officially registered.
  2. Powers of District Collector:
     The 2025 Act allows district collectors to declare Waqf lands as government lands, altering their status before a court decision.
  3. Inclusion of Non-Muslims in Waqf Boards:
     This provision is seen as violating the community's rights under Articles 26(b), 26(c), and 26(d), by allowing non-Muslims to participate in Waqf boards.
  4. Applicability of the Limitation Act:
     The 2025 Act applies the Limitation Act to Waqf properties, which prevents claims after a set period, reversing the 1995 Act’s exclusion of it.

Judicial and Government Responses

• Court's Observations:
  Chief Justice of India Sanjiv Khanna acknowledged the difficulty in registering Waqf-by-use lands and noted the ambiguity in the law regarding genuine Waqf-by-user properties.
• Government's Position:
  The Centre argued that the changes prevent land encroachment under the guise of Waqf, while assuring no changes to non-Muslim appointments or Waqf status until the next hearing.
• Possible Outcomes:
  The Supreme Court may stay provisions related to non-Muslim appointments and district collector powers affecting Waqf lands.