Waqf Amendment Act: The Supreme Court has taken up the petitions challenging the Waqf Amendment Act 2025 and during yesterday’s hearing, it raised serious questions for both sides – the government and the petitioners. While the top court raised questions about the Waqf’s claim on Delhi High Court’s land, it also questioned the Act’s provision allowing non-Muslims to become members of the Waqf board.
Reacting to the SC’s observations about non-Muslims as Waqf board member, Jagdambika Pal, Chairman of the JPC of the Waqf (Amendment) Bill and BJP MP, said that the apex court has already given certain verdicts related to the board.
“It’s a valid question. But the thing is that the Supreme Court is asking this question today while such orders have been passed in the past. Supreme Court said that the Waqf Board is not a religious body but a legal one which looks after the Waqf properties. Similarly, in another order, it was said that Waqf is a statutory and administrative body and not a religious one. Hence, it’s not an interference in religious matters, and if it is an administrative body, it’s completely fine to have both Muslim and non-Muslim members in it,” he said.
Yesterday, the Supreme Court heard pleas against the Centre’s Waqf (Amendment) Act 2025 and said that if Waqf-by-user properties are denotified, it will be an issue.
Reacting to the ‘waqf by user’ remark of the SC, Jagdambika Pal said, “…In this Amendment law brought by the government, it has been clearly mentioned that it’s not a retrospective one – it means that some mosques and Imambara graveyards… which have no deeds, will continue to be Waqf properties. However, the law proposed that in future, the deed be compulsory for the Waqf properties…Waqf-by-user has been ended for the future.”
The SC will continue the hearing today from 2pm onwards with the Centre expected to oppose the expected interim order. The top court is considering an interim stay on three provisions of the Waqf Amendment Act.
The judges said that any property already declared as Waqf by a user or by a court won’t be notified again. They added that the Collector can continue with the process, but the rule won’t apply in this case. Lastly, while ex-officio members can be from any religion, all other members must be Muslims.
