The Supreme Court on Monday issued an interim order staying certain provisions of the Waqf (Amendment) Act, 2025, while refusing to put the entire law on hold.
A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih specifically stayed the clause that required a person to have practised Islam for five years before creating a waqf, saying the state must first prescribe a mechanism to determine who qualifies under that test.
The court observed that “in the absence of such a mechanism, it can lead to arbitrary exercise of power,” and directed state governments to frame rules providing a clear procedure for determining whether an individual has been practising Islam for the requisite period.
The bench also stayed the provision that empowered district collectors to decide whether a property is a waqf or government-owned, warning that collectors “cannot be permitted to adjudicate rights of personal citizens” and that allowing them to do so would violate the separation of powers. The court added that, until a tribunal adjudicates disputes, no third-party rights should be created against the disputed property.
In addition, the top court capped the number of non-Muslim members on the Central Waqf Council and State Waqf Boards at four and three, respectively.
The Centre had urged the court not to stay any provision, arguing that constitutional courts ordinarily do not suspend statutory provisions .
In its affidavit, the Centre had said that the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.
(With inputs from ANI)
