Waqf Act: Supreme Court Defers Interim Order on Amended Waqf Law After Centre, States Seek More Time

In a significant development surrounding the contentious amendments to the Waqf law, the Supreme Court on Monday deferred issuing an interim order after both the Centre and several states requested additional time to present their arguments. The matter, which is being heard by a three-judge bench comprising Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan, will now be taken up again at 2 pm on Tuesday.

Supreme Court Defers Interim Order on Amended Waqf Law After Centre

The court is hearing a batch of petitions challenging the Waqf Amendment Act, which was passed earlier this month in Parliament after intense debates in both Houses. The petitions, filed by various individuals and groups, including members of the opposition and segments of the Muslim community, allege that the amended law infringes on fundamental rights, including the right to equality and the freedom to practice religion.

The court is hearing a batch of petitions challenging the Waqf Amendment Act

During Monday’s proceedings, the court expressed concern over recent incidents of violence during protests and raised critical questions regarding the inclusivity of religious boards—specifically asking if Muslims would be included in Hindu religious bodies as per parity in governance structures.

Justice Khanna indicated the bench's intention to issue an interim order, proposing a status quo on three major procedural amendments. First, the court noted that any property declared as Waqf either by users or the court should not be officially notified. Second, while Collectors may continue with proceedings, the amended provision allowing such actions would not be applied in the interim. Third, the court clarified that ex-officio members of Waqf Boards can be from any religion, but non-ex-officio members must be Muslims, maintaining the religious character of the board.

"This is an exceptional situation. Normally we don’t pass interim orders, but we may have to in this case, given the complexity and timeline of the hearings," said Justice Khanna, noting that the final arguments may stretch over six to eight months.

However, as the bench prepared to pronounce the interim order, the Centre and states urged the court to postpone its decision, seeking more time to prepare. Although the court offered an additional 30 minutes for arguments, the matter was ultimately deferred due to time constraints, as the hearing extended past 4 pm.

The Waqf Amendment Bill, which has sparked both legal and political controversy, is being scrutinized under the lens of constitutional validity. While the court reiterated its commitment to respecting the separation of powers, it also emphasized its duty as the guardian of constitutional rights.

The bench will resume the hearing on Tuesday at 2 pm, with a possible interim decision expected depending on the submissions made by the Centre and the states.