‘Courts must exercise restraint’: SC declines to order blanket stay on Waqf Amendment Act, grants limited interim relief (Lead)

Supreme Court Rejects Full Stay on Waqf Amendment Act 2025, Grants Limited Relief

In a key ruling on Monday, the Supreme Court of India turned down a request to completely halt the Waqf (Amendment) Act, 2025. Instead, the court offered some interim protections on specific parts of the law to address concerns raised by petitioners. This decision comes amid heated debates over waqf properties and their management in India.

A bench led by Chief Justice B.R. Gavai, along with Justice A.G. Masih, stressed that courts should rarely interfere with laws passed by Parliament. "Courts must show restraint when it comes to staying parliamentary acts," the bench noted. They added that such stays happen only in rare cases, and here, no strong grounds existed to pause the entire Waqf Amendment Act 2025.

The court rejected calls for a blanket stay on the law’s implementation. However, it stepped in to ease worries about certain provisions. For starters, the bench put on hold the rule that only people who have practiced Islam for at least five years can create a waqf. This part of Section 3(r) stays paused until state governments frame clear rules on verifying religious practice. "We’ll wait for a proper mechanism to check if someone has been following Islam for five years," the court explained.

The judges also blocked another tricky clause. Under Section 3C, officials could label disputed properties as government land during inquiries. The court halted this, ruling that no third-party rights can be created on such properties until a final decision from the Waqf Tribunal under Section 83. This move aims to prevent hasty takeovers of waqf lands.

On board compositions, the Supreme Court set limits to ensure fair representation. The Central Waqf Council, under Section 9, can’t have more than four non-Muslim members out of 22. For state Waqf Boards under Section 14, the cap is three non-Muslims out of 11. The bench urged appointing Muslim members as Chief Executive Officers (who also serve as ex-officio secretaries) whenever possible.

The court didn’t touch the removal of "waqf-by-user," a concept allowing long-used properties to be recognized as waqf without formal deeds. It pointed out that custodians (mutawallis) who ignored registration rules for over 100 years can’t now demand exemptions. "If misuse of waqf properties prompted these changes, the amendments aren’t arbitrary," the bench said. They noted that requiring waqf deeds with applications makes sense to curb encroachments on government land.

Another provision, Section 3D, voids waqf claims on protected monuments or sites. The court backed this, citing complaints from the Archaeological Survey of India (ASI) about preservation challenges. It clarified that religious practices can still continue under the Ancient Monuments Act of 1958, so no one’s faith gets hurt.

The bench also upheld Section 3E, which bars waqf declarations on Scheduled or Tribal lands. "This protects vulnerable tribal communities, and it links directly to that goal," they observed. The Waqf Amendment Act 2025 aims to stop such claims from harming these marginalized groups.

All these views are preliminary, just for deciding on the stay. The full constitutional challenge to the Waqf Amendment Act—including claims it violates equality, religious freedom, and minority rights under Articles 14, 15, 25, 26, 29, and 30—will get a deeper look later. Petitioners argued the law masks an intent to seize waqf properties, despite its stated aim to "protect" them.

The Centre defended the Waqf Amendment Act 2025 strongly, calling it a step toward transparency and curbing abuses in waqf management. The court heard arguments over three sessions before reserving its order.

This balanced approach from the Supreme Court keeps the law moving forward while safeguarding key concerns. Stay tuned for updates as the case unfolds on waqf properties and amendments in India.

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