Centre Yields Ground in Supreme Court Hearing on Waqf Act; Interim Assurances Seen as Tactical Retreat

 New Delhi, April 17 — On the second day of Supreme Court proceedings examining the constitutional validity of the Waqf Act, the Central Government made a notable course correction. Initially resisting any form of interim relief, Solicitor General Tushar Mehta adjusted the government’s stance in response to pointed observations by a bench led by Chief Justice of India (CJI) Sanjiv Khanna.

At the heart of the bench’s concern was the need to maintain status quo while legal scrutiny of the Act continues. “When the matter is pending before the court, we have to ensure that the existing situation is not disturbed,” the bench remarked — signalling the judiciary’s intent to tread cautiously but firmly in preserving legal continuity during deliberations.

In a move interpreted as a strategic concession, Mehta informed the Court that the Union Government would voluntarily observe three key assurances for the coming week:

1. No administrative or legal changes would be initiated in the immediate period.
   
   
2. The principle of “waqf by user,” regardless of registration status, would remain intact during this time.
   
   
3. State governments would refrain from recommending the formation of any new Waqf Boards or Councils.

Although no formal interim stay was issued, the Supreme Court took the submissions on record, effectively reinforcing a temporary freeze on policy action. This development was swiftly hailed as a moral victory by the petitioners and opposition leaders alike.

AIMIM President Asaduddin Owaisi, a vocal critic of the Waqf Act, welcomed the development, asserting that the recorded assurances amounted to a de facto stay. Delhi MLA Amanatullah Khan echoed the sentiment, framing the episode as a setback for what he described as the BJP’s "divisive politics."

However, sources within the government maintain a different reading of the events. An official interim stay — especially at such an early stage in the Supreme Court’s review — would have been a political and legal setback for the Modi government’s third-term agenda, for which the Waqf reforms are a flagship initiative.

By offering a preemptive assurance to the Court, the Centre may have sidestepped an adverse judicial pronouncement while preserving its strategic posture. The Act, in any case, is not in active implementation due to pending rule notifications.

This playbook mirrors the government’s approach to the Citizenship Amendment Act (CAA), where the rules were notified four years after parliamentary passage, allowing public sentiment to settle and legal resistance to weaken. The delay in CAA enforcement allowed time for disinformation to be addressed and protests such as those at Shaheen Bagh to dissipate.

The proceedings over the Waqf Act are likely to intensify in the weeks ahead. But for now, the Centre’s tactical pause has given all sides space to recalibrate — politically, legally, and administratively.