Waqf Act listening to: What are two key provisions placed on maintain by the central govt?

Being attentive to the Supreme Courtroom’s observations, the central authorities on Thursday (April 17) agreed to briefly halt the implementation of two key provisions of the Waqf (Modification) Act, 2025 — the idea of ‘waqf-by-user’ and the inclusion of non-Muslim representatives on waqf boards — till subsequent week.

This assurance got here throughout a listening to the place Solicitor Basic Tushar Mehta urged the bench, led by Chief Justice of India Sanjiv Khanna, to not situation an interim keep with out first contemplating the Centre’s written submissions.

“My request is that this…Permit me to position inside per week, and I promise Your Lordships, it is going to come earlier than Your Lordship inside per week, my preliminary reply, some materials paperwork with paperwork and statutes to point out…This isn’t a matter which Your Lordships would additionally like to contemplate on prima facie studying.”My request is that this…Permit me to position inside per week, and I promise Your Lordships, it is going to come earlier than Your Lordship inside per week, my preliminary reply, some materials paperwork with paperwork and statutes to point out…This isn’t a matter which Your Lordships would additionally like to contemplate on prima facie studying,” Mehta advised the highest courtroom.

The bench, which additionally contains Justices PV Sanjay Kumar and KV Viswanathan, accepted the Centre’s request and scheduled the matter for subsequent week. The Courtroom had earlier flagged three controversial facets of the Act throughout a listening to on April 16, stating its inclination to remain the operation of the provisions. Amongst these, the availability of ‘waqf-by-user’ — which permits land lengthy used for Muslim non secular or charitable functions to be deemed waqf property even when not formally registered — has drawn vital scrutiny.

The third provision flagged by the courtroom pertains to the powers given to district collectors. Below the brand new regulation, if a collector declares a property to be authorities land, it could robotically stop to be waqf property except a courtroom guidelines in any other case. The courtroom recommended that whereas an inquiry by the collector is permissible, its findings shouldn’t instantly have an effect on the standing of the property till reviewed by a courtroom.

Mehta additionally requested extra time for 2 extra authorities counsels to current arguments. The bench recorded in its order that the centre would submit a brief response inside seven days. It additionally said that the subsequent listening to would contain passing instructions and an interim order.

“He (Mehta) additional states that until the subsequent date of listening to, he assures the courtroom that no appointments might be made to the Council and the Board underneath sections 9 and 14 of the amended provisions. It is usually said that until the subsequent date of listening to, the Waqf, together with Waqf by use, whether or not declared by means of notification or by means of registration, shall not be recognized, neither will their character be modified. We take the assertion on file. Let the reply/counter affidavit on behalf of the respondents be filed inside 7 days. Response thereto be filed inside 5 days thereafter,” the courtroom stated.