Supreme Court On Waqf Act What the SC Has Said So Far | Waqf Act Legal Battle Explained

SC raised serious concerns over the Waqf (Amendment) Act revoking the long-standing practice of 'waqf by user'. A three-judge bench led by CJI Sanjeev Khanna warned that denotifying 'waqf by user' could have "huge consequences" but refrained from passing interim orders. The court began hearing 73 petitions challenging the Act, with the focus on the removal of 'waqf by user'. The bench pointed out that many mosques built between the 14th and 16th centuries wouldn't have sale or registration deeds, making documentation impossible. CJI Khanna asked, “How will you register in the case of 'waqf by user'? You can’t say there will be no genuine. Solicitor General Tushar Mehta argued that usage would not stop, only benefits would be withheld until a decision is made. To this, the CJI countered, "What will happen then? Where will rent go? Why have that provision then?". The court also questioned the provision allowing non-Muslims on waqf boards and asked if the Centre would reciprocate by including Muslims on Hindu endowment boards. Another contested clause prevents a property from being treated as waqf during a collector’s inquiry into whether it's government land, SC said this will not be given effect. The hearing comes amid nationwide protests against the law, including violent clashes in Murshidabad, West Bengal.