Parts of Waqf Act Stayed by Supreme Court Until Next Hearing, Appointments, Waqf by User Changes Put on Hold

The central government on Thursday assured the Supreme Court that no fresh appointments to Waqf Boards will be made and no changes will occur to the status of properties claimed under waqf—particularly those under the controversial ‘waqf by user’ clause—until the next hearing of petitions challenging recent amendments to Waqf laws.

Parts of Waqf Act Stayed by Supreme Court Until Next Hearing

The Supreme Court had expressed concern over the ‘waqf by user’ provision, which allows Waqf Boards to claim properties without documentary evidence if those properties have been used by Muslims for religious or charitable purposes. “We are not saying all 'waqf by user' is wrong... but there is concern,” the court observed, highlighting the need for clear safeguards to prevent misuse.

The Supreme Court had expressed concern over the ‘waqf by user’ provision

The amendments—passed by Parliament earlier this month—also introduced a mandatory inclusion of non-Muslim members in Waqf Boards, a move that drew sharp criticism from Muslim organisations and opposition leaders. The controversial changes sparked protests in multiple states. In Bengal, clashes led to three deaths, intensifying the political standoff between the ruling Trinamool Congress and the opposition BJP.

While the Trinamool Congress has openly declared it will not implement the amended Waqf laws in West Bengal, accusing the Centre of encroaching on minority rights, the BJP has accused Chief Minister Mamata Banerjee of appeasement politics, particularly with general elections looming next year.

The Supreme Court’s interim relief has now stalled any potential reshaping of the Waqf Boards and their functioning, at least until a detailed judicial review is completed. The next hearing is expected to further examine the constitutional validity of the amendments and the impact on property rights and community representation.