Centre assures SC: No immediate implementation of controversial Waqf amendments

NEW DELHI: With the Supreme Court taking a firm stance, the central government has assured that key provisions of the Waqf Amendment Act will not be implemented for now. The government has been asked to submit a written statement of its position within seven days. Until then, the current status quo will be maintained.

The Court recorded assurances from the government, including a commitment not to denotify long-utilised Waqf properties. These assurances helped avoid a complete stay on the implementation of the law, according to Solicitor General Tushar Mehta.

A bench comprising Chief Justice Sanjiv Khanna and Justices P.V. Sanjay Kumar and K.V. Viswanathan accepted the Solicitor General's request for more time to submit a detailed response. Following this, the parties involved must file their replies to the central government’s position within five days. The matter will be taken up again on May 5 at 2 PM, during which arguments will centre around whether to issue an interim order.

The Supreme Court also stated that arguments would be limited to just five of the petitions filed. It will not mention the names of individual parties; the matter will be referred to simply as the “Waqf Amendment Act case.” Central and state arguments will be heard separately, and nodal counsel will be appointed to coordinate submissions. Advocate Kanu Agrawal has been appointed as the nodal counsel representing the central government. The court did not consider the Bar Association’s request for live-streaming of yesterday’s proceedings.

Key assurances by the Centre:

1. Waqf properties that have been in long-term use (including those registered or notified) will not be denotified.
2. Non-Muslim individuals will not be appointed to the Waqf Council or state boards. Sections 9 and 14 related to such appointments will not be implemented.
3. If any state has made such appointments, they will be considered invalid.

Centre opposes a stay:

• Villages and private properties have been converted into Waqf lands.
• A stay should not be issued after reviewing only select provisions.
• The amendment was introduced after considering lakhs of petitions.
• A blanket stay would adversely affect many innocent parties.

Court’s observations:

• Normally, legal provisions are not stayed without compelling reasons — this is an exceptional situation.
• The Court acknowledged that the law has shortcomings but also contains positive aspects.
• Changes that seriously affect the rights of parties should be avoided.
• The court will not interfere with provisions such as the requirement that individuals must have practiced Islam for five years to be part of Waqf management.