Subhechcha Ganguly 
The Supreme Court on Wednesday expressed serious concerns over the recently amended Waqf Act, highlighting three contentious provisions during its first review of the law. A bench led by Chief Justice of India (CJI) Sanjiv Khanna said it is considering issuing an interim order aimed at balancing equities, while also granting the Centre and states an opportunity to respond during the next hearing on Thursday.
The Court raised objections to:
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De-recognition of ‘Waqf by User’ Properties: The bench questioned the legitimacy of de-notifying properties that have already been declared as waqf by court orders, warning of “grave ramifications” if such properties are stripped of their status.
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Inclusion of Non-Muslims in Waqf Bodies: The Court signaled it may stay the provision that allows non-Muslims to be part of the Central Waqf Council and State Waqf Boards, amid widespread criticism from petitioners who argue it compromises the religious autonomy of Muslim institutions.
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Collector’s Power Over Waqf Disputes: The bench also raised eyebrows over a provision that halts the recognition of a property as waqf during a collector’s inquiry. It questioned the fairness of withholding waqf status before the conclusion of such proceedings.
Over 70 petitions challenging the law have been filed by Members of Parliament, Islamic scholars, religious organizations, and political parties, citing violations of Articles 25 and 26 of the Constitution, which protect the right to practice and manage religious affairs.
While the Court has not yet passed any interim order, it suggested it may do so, potentially staying some of the controversial provisions in the coming days.
