CJI strikes a balance

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.

- APURVA VISHWANATH

"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 K V 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 waqf properties.