New Delhi: Defending the amendments brought to the Waqf law, the Centre on Friday argued against any interim pause of provisos while challenges on grounds of religion and property are being heard by the Supreme Court. In its reply to petitions challenging the Waqf Amendment Act, the Centre stated that ‘Waqf by user’ has been recognised only upon registration for the past 100 years, and not by word of mouth.
Earlier this month, the Supreme Court put an interim pause on three provisos of the Waqf Act, 2025. The top court flagged concerns over the removal of the ‘Waqf by user’, the inclusion of non-Muslims on Waqf boards and the powers of the Collector when it comes to determining the status of Waqf on disputed government land. On the inclusion of two non-Muslims among the 22 members of the Waqf Council, the Centre called the measure representative of inclusiveness and not an intrusion into the administration of Waqf.
When Opposition members raised objections to the inclusion of non-Muslims in the Central Waqf Council and Waqf boards in states – both in their dissent notes to the Joint Committee of Parliament that discussed the Waqf (Amendment) Bill and during the marathon debates on it in Parliament – the Centre had disagreed vehemently. It drew a sharp distinction between religious activity where, it said, no non-Muslim would be involved, and administrative activity of the Waqf boards, adding that the mandate of non-Muslims there was only to ensure proper functioning of Waqf charities.
However, when the Supreme Court raised questions over the same issue during a hearing against the Waqf (Amendment) Act, the Centre agreed to pause any appointment to the Central Waqf Council and state Waqf boards till May 5 – the next date of the Court hearing.
Similarly, the Centre undertook in the Court that the character of no Waqf property, including ‘Waqf-by-user’, whether declared by notification or by registration, would be changed till May 5.
