No Waqf de-notification till next SC hearing, says Centre, Pg1

Key Highlights

1. SC Records Centre’s Statement

• Centre assured SC that no Waqf properties (including Waqf-by-user) will be de-notified or altered until the next court hearing.
• No appointments to Central Waqf Council or State Boards will be made until then.

2. Legal Contention

• Issue relates to Waqf (Amendment) Act 2025, especially amendments to Sections 9 and 14 of Waqf Act 1995.
• Controversy over inclusion of non-Muslims in Waqf administration and removal of Waqf-by-user category.

Detailed Insights

1. Supreme Court’s Observations

• CJI Sanjiv Khanna acknowledged “certain positives” in the amendment.
• Warned against drastic change affecting land ownership and people’s rights.
• Emphasized need to maintain status quo to avoid irreversible consequences.

2. Solicitor General’s Position

• Tushar Mehta emphasized that de-notification at this stage would be a “serious and harsh step”.
• Sought time to submit detailed legislative history and justification over 100 years of Waqf law evolution.

Significance

• Reinforces judicial oversight in safeguarding minority rights and property entitlements.
• Highlights delicate balance between reforming religious trusts and protecting historical usage of land and property.
• Reflects broader tension between communal inclusivity and minority autonomy in trust governance.

Analysis & Way Forward

• With over 8 lakh Waqf properties in India, any change must be well-calibrated and consultative.
• Ensuring legal clarity on terms like “Waqf-by-user” is vital to avoid misuse while upholding historical claims.
• The court's caution reflects a larger commitment to constitutional morality and rule of law in religious property management.

Mains Mock Question:

“Reforms in religious trust management must balance administrative inclusivity with protection of historical rights. Examine in the context of the Waqf (Amendment) Act 2025 and the Supreme Court’s intervention.”