On the second day of hearings in the Supreme Court over petitions challenging the Waqf (Amendment) Act, 2025, the Union government on Thursday, April 17, assured that it will not implement the contentious provisions of the new law until the next hearing, scheduled for May 5.

Solicitor General Tushar Mehta, appearing on behalf of the Centre, told a three-judge bench led by Chief Justice of India Sanjiv Khanna that no waqf properties would be denotified in the interim and that the government would refrain from making any appointments to Waqf Boards or the Central Waqf Council under the amended law, Bar and Bench reported.

The newly amended legislation has faced widespread criticism from opposition parties, civil society groups, and religious organisations, particularly for clauses allowing the inclusion of non-Muslims in Waqf institutions—an unprecedented move that many allege violates Article 26 of the Constitution, which guarantees the right to manage religious affairs.

The Act’s rapid passage through Parliament and swift enforcement has sparked unrest in several states, notably in West Bengal’s Murshidabad district, where protests turned violent.

The Supreme Court bench, also comprising Justices PV Sanjay Kumar and KV Viswanathan, heard arguments from both sides and made it clear that while some aspects of the law may be beneficial, the current status quo must be preserved until the legal challenge is adjudicated.

“We had said there were some positive things in the law. We have stated that there cannot be a complete stay. But we also don’t want the situation to change which is prevailing now… some provisions…when matter is pending before the court we have to ensure that the situation as it exists now is not disturbed,” observed CJI Khanna.

SG Mehta requested the court not to grant an immediate stay, saying, “This is a harsh step. Please give me a week to file a preliminary reply with some documents. This is not a matter which can be considered like this.”

The court granted the government a week to submit its response, and allowed petitioners to file their rejoinders within five days thereafter.

In its formal order, the bench recorded Mehta’s assurance: “During the course of hearing, SG Mehta states that the respondents would like to file a short reply within 7 days and assured that till next date no appointment shall take place to board and councils under 2025 Act. He also assures that waqfs including waqf by user already declared by notification or gazetted, their status shall not be changed.”

During the first day of hearings on Wednesday, the apex court had sharply questioned the Centre’s intent, asking whether the government would similarly be open to allowing Muslim representation on Hindu endowment boards. In a bid to propose an interim arrangement, the court had suggested that while proceedings related to waqf property can continue before district collectors, the new provisions must not be enforced. It had also noted that ex officio members could be appointed to Waqf bodies but that other nominated members must be Muslims.

The case is set to resume on May 5, when the court is expected to take a closer look at the constitutional implications of the amended law.