The Supreme Court of India is set to hear multiple petitions challenging the constitutional validity of the Waqf Amendment Act on Tuesday, May 20. A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih will conduct the hearing and may decide whether or not to impose a stay order on the amended law.
The Centre had earlier assured the court that no non-Muslim would be appointed to the Waqf Board or Council and that no Waqf property would be altered until the court delivers its verdict. This commitment prompted the court to reschedule the hearing date.
🔍 Key Legal Issues Under Review
Several critical legal issues are expected to be addressed during the hearing:
1. Whether properties previously declared as Waqf by the court can be legally challenged or reclassified during the pendency of the case.
2. Whether district magistrates can process Waqf property matters, and if so, whether their decisions can be enforced while the case is still pending.
3. Whether Waqf Board and Waqf Council members must mandatorily be Muslims, barring those who join ex officio.
These concerns were first raised by former Chief Justice Sanjiv Khanna, who was presiding over the case until his retirement earlier this week. He had considered issuing interim directives on all three counts.
🚫 Ban on Appointments and Property Changes Stays for Now
The Centre has already conveyed that, until the matter is resolved, no action will be taken to:
1. Appoint non-Muslims to the Waqf Board or Waqf Council.
2. Change the nature or usage of any Waqf property.
This assurance was a key factor in the court’s decision to defer the hearing and allow a full legal review on the constitutional questions raised.
👨⚖️ Transition in Judicial Oversight
Earlier hearings were overseen by Justice Sanjiv Khanna, who had actively questioned several provisions of the Amendment. With his recent retirement, the matter has now been transferred to the current bench headed by Chief Justice Gavai.
The court has hinted that all key issues—including a potential stay on the law—will be addressed in next Tuesday’s hearing.
⏳ All Eyes on Tuesday’s Verdict
The petitions against the Waqf Amendment Act have garnered significant attention from legal experts, minority groups, and civil rights organizations. Many believe that the Supreme Court’s decision could set a precedent for how religious and minority property laws are interpreted in India.
The outcome may also impact the future structure and governance of Waqf Boards and Councils, as well as how Waqf properties are administered across states.
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