Supreme Court to Hear Waqf Amendment Law Case Again on May 5, Status Quo to Continue

New Delhi, April 17 The Supreme Court of India on Thursday continued its hearing for the second consecutive day on the constitutional challenge to the Waqf Amendment Act, directing that status quo be maintained for now. A three-judge bench, led by Chief Justice Sanjiv Khanna, recorded the Central Government’s assurance that the controversial provisions of the law will not be enforced until further notice.

Government Gets One Week to Respond

The court issued a notice to the Centre, giving it one week to file a detailed reply. The next hearing has been scheduled for May 5, 2025.

During the proceedings, Solicitor General Tushar Mehta, representing the Centre, strongly defended the law and said, “There is no ground to impose a stay on the statute passed by the Parliament.” He emphasized that millions of people were consulted before the law was framed, asserting the government’s commitment to public accountability.

Mehta also noted, “Just a few sections cannot be used to put the entire law on hold.” He argued that blanket injunction would be a “very harsh step,” especially when Waqf Board claims affect common people’s land in many rural areas.

No New Appointments in Waqf Board for Now

Responding to the court’s concern, Mehta assured that no immediate action would be taken on Waqf-registered properties under the 1995 law. The Chief Justice then directed that no new appointments be made to the Waqf Board or Waqf Council until the next hearing.

“We’re proceeding based on the current situation. We don’t want things to change drastically,” CJI Khanna remarked. “We are not staying the law as a whole at this stage,” he clarified.

Key Provisions Under Scrutiny

On April 16, the court had expressed reservations over two main provisions:

• Removal of the ‘Waqf by user’ clause

• Provision to include non-Muslim members in the Waqf Board

The court had indicated that it might impose an interim stay on these specific provisions, given their potential constitutional implications. The bench reiterated that it cannot stay a law passed by Parliament without detailed hearings, except in rare and justified cases.

Concern Over Violence in West Bengal

During the same hearing, the Supreme Court also expressed concern over ongoing violence in Murshidabad, West Bengal, linked to the Waqf land issue. The bench observed that violence is unacceptable when a matter is sub judice, and stressed that all parties must maintain peace while the court considers the case.

What’s Next?

The case will be taken up again on May 5, by which time the Central Government is expected to submit its response. Until then, no changes will be made to the status of Waqf properties, and no fresh appointments are to be made under the amended law.