Waqf Act: What Happened in Supreme Court? What Lies Ahead

The Supreme Court on Tuesday held back its plan to issue an interim order on the newly amended Waqf Act after the Centre and several states requested more time to present their arguments. A three-judge bench led by Justice Sanjiv Khanna was hearing multiple petitions challenging the law, which has drawn criticism from sections of the Muslim community and opposition parties.

The court raised concerns about the protests and potential misuse of powers under the new law. It indicated a willingness to maintain status quo on three key provisions:

Properties already declared as Waqf by individuals or courts should not be notified again.

Collectors may continue related proceedings, but without enforcing the amended provisions.

While ex-officio members of Waqf Boards may belong to any religion, other appointed members must be Muslims. 

Centre’s Defense: 'Waqf Law for the Community’s Welfare'

The Centre strongly defended the amendments. Solicitor General Mehta informed the court that the Waqf Amendment Bill was not passed in haste. “The Act was shaped after 38 sittings of a joint parliamentary committee and input from 98.2 lakh citizens,” he said, underscoring the participatory nature of the process. “The petitions should be dismissed,” Mehta argued.

What Lies Ahead

Justice Khanna remarked that though the court generally avoids such interim orders, the seriousness of the matter made it an exception. He noted the case may take six to eight months for a final decision.

However, Solicitor General Tushar Mehta, representing the Centre, argued against an interim order, emphasizing that the amendment came after extensive deliberation. He said the Bill was passed after 38 meetings of a joint parliamentary committee and feedback from over 98 lakh people. Mehta also pointed out that many Muslims do not wish to be governed by Waqf law, but overall, the amendment serves the community's welfare.

As the court offered additional time to hear objections but ran out of schedule past 4 pm, the matter was postponed. The next hearing is scheduled for 2 PM today.

The court continues to walk a fine line between respecting the legislature’s domain and protecting constitutional rights, as it examines whether the amended Waqf law infringes on rights like equality and freedom of religion.