Waqf (Amendment) Act Hearing Day 2: SC Says 'No Change In Waqf By User Until Next Hearing', Grants Centre Week's Time To File Response

New Delhi: The Supreme Court on Thursday granted a week’s time to the Centre to file its response to the petitions challenging the constitutional validity of the recently enacted Waqf (Amendment) Act, 2025. The top court said that there would be no Waqf appointments and no change in status until the next hearing on May 5.

A three-judge bench, comprising Chief Justice of India (CJI) Sanjeev Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan, also stated that Waqf, including ‘waqf by user’, provision should not be denotified. Notably, the Waqf (Amendment) Act removes the 'Waqf by user' provision.

The 'Waqf by user' allows a property to be treated as Waqf on the basis of its long-term use for religious or charitable purposes. Formal documentation was not required as per the 'Waqf by user' provision.

The Centre assured the top court that no appointments would be made to Waqf boards. The new law includes provisions that will allow non-Muslims to be appointed to key positions within Waqf institutions like the Central Waqf Council (CWC) and the State Waqf Boards (SWB).

"SG (Tushar) Mehta assured that till the next date, no appointment shall take place to board and councils under the 2025 Act. He also assures that the status of waqfs, including waqf by user, already declared by notification or gazetted, shall not be changed," the court said in its order as quoted by India Today.

The next hearing is scheduled to take place at 2 pm on May 5.

Earlier this month, the Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.

The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.

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