SC bench led by CJI hints at putting key provisions of Waqf Act on hold

THE SUPREME COURT on Wednesday indicated it is considering staying the operation of certain parts of the contentious Waqf Act, 2025 which include the concept of 'waqf-by-user', representation of non-Muslims on waqf boards, and the powers of the Collector to change the status of disputed waqf land.

- ANANTHAKRISHNAN G

"We do not stay a legislation normally at this stage of the challenge unless in exceptional circumstances. This appears to be an exception. Our concern is that if waqf-by-user is de-notified, there could be huge consequences," Chief Justice of India Sanjiv Khanna said in an oral observation. The bench also comprised Justices P V Sanjay Kumar and KV Viswanathan.

The 2025 waqf law does away with the concept of waqf-by-user. Waqf-by-user is land used for Muslim religious or charitable purpose for a long period of time — it is deemed to be a waqf even if it was not registered as such. This could potentially raise questions on the status of several such wakf properties.