Centre’s tactical pause on Waqf Act: A repeat of its CAA strategy?

In a significant development, the Narendra Modi-led government on Thursday assured the Supreme Court that no changes would be made under the recently amended Waqf Act for at least a week. This includes halting recommendations for the formation of new Waqf boards or councils, while retaining the validity of both registered and unregistered waqf properties during this period.

Following this assurance by Solicitor General Tushar Mehta, a three-judge bench headed by Chief Justice of India (CJI) Sanjiv Khanna chose not to issue an interim stay on the amended provisions. Instead, the Court granted the Centre a week’s time to submit its response, scheduling the next hearing for May 5.

Opposition Claims Victory

Leaders from the Opposition, including the Congress, AIMIM, and Trinamool Congress, welcomed this temporary pause. AIMIM’s Asaduddin Owaisi claimed the Court’s decision effectively acted as a stay on the government’s controversial law. AAP’s Amanatullah Khan called it a setback for the BJP’s "divisive politics," while Congress’ Imran Pratapgarhi described it as a triumph for the Constitution and a halt to what he alleged was a government scheme to seize land.

A Calculated Move by the Government

Though seen as a win by the Opposition, the Centre’s assurance appears to be a tactical retreat — buying time to reassess its strategy and sidestep the possibility of the Court issuing an immediate stay. This move allows the government to regroup and plan its next course of action without facing an outright legal setback.

Interestingly, this wait-and-watch tactic mirrors the approach the Centre took after passing the Citizenship Amendment Act (CAA) in 2019. Like the Waqf Act, the CAA too faced multiple legal challenges and widespread protests. The government, however, delayed the law’s implementation, taking four years to notify its rules — using the time to let tensions cool and refine its arguments.

A Familiar Strategy

Much like the CAA rollout, the Centre seems in no rush to frame rules for the Waqf Amendment Act. The Act had already undergone changes following feedback from allies such as the TDP and JD(U) before it was passed in Parliament. The government now appears to be banking on tempers subsiding over time, which would give it space to justify the law’s intent — claiming it aims to prevent misuse and address irregularities in waqf property management.

What’s Next?

The next hearing on May 5 comes just days before CJI Sanjiv Khanna retires and passes the baton to CJI-designate BR Gavai. The Opposition and petitioners, however, seem well aware of the government’s playbook from the CAA episode. It remains to be seen how both sides will navigate the courtroom battle ahead.