Waqf Amendment Act SC hearing LIVE: CJI-led bench to continue hearing today

Waqf Amendment Act Supreme Court hearing LIVE: Petitioners from Delhi after a hearing on their plea challenging the constitutional validity of the Waqf Act, outside the Supreme Court of India, in New Delhi, Wednesday, April 16, 2025.

The court had questioned three aspects of the statute – the status of “waqf by user” properties declared so under earlier court orders, the majority presence of non-Muslim members in the Waqf Council and Waqf Boards and disallowing a property from operating as waqf property if it is disputed as a government plot.

The bench was inclined to pass an interim order pausing the operation of the law on these aspects, but agreed to give the Centre and states an opportunity on Thursday.

The act, passed by Parliament and ratified by the President earlier this month, implements major changes in the regulation and governance of India’s waqf boards.

Waqf hearing: What happened in the Supreme Court

-Durig the hearing on Wednesday, the Supreme Court had asked the Centre whether it was willing to allow Muslims to be part of Hindu religious trusts. One of the most contentious changes to the Waqf law is the provision allowing non-Muslims to be included in Waqf boards.

-The Supreme Court also observed that “undoing the waqf by users” would create problems. It noted that many mosques were constructed in the 14th and 15th centuries, and requiring them to produce deeds was impossible.

-“We cannot rewrite the past. A property declared as waqf some 100 or 200 years ago, suddenly you turn around and say it cannot be waqf,” the Supreme Court observed.

-The bench pointed out cases where court orders have recognised, identified and established properties as belonging to waqf. Raising concerns over these classes of properties, which may now become void by operation of law, the bench said, “Legislature cannot declare a decree or order of court as void, What it can do is to remove the basis of law that served the basis for passing the decree…There is an issue of concern.”

-The Supreme Court also said the violence occurring during protests against the act was “very disturbing”. “One thing that is very disturbing is the violence that is taking place. If the matter is pending here, then it should not happen,” the CJI said.