Supreme Court Stays Key Parts of Waqf Amendment Act 2025
In a major update on the Waqf (Amendment) Act 2025, India’s Supreme Court stepped in on Monday to pause some controversial sections. The court didn’t block the entire law but held back specific provisions until it fully hears challenges to its constitutional validity. This decision comes amid heated debates over how the amendments affect Muslim communities and property rights in India.
A bench led by Chief Justice BR Gavai and Justice Augustine George Masih reviewed the petitions and decided certain parts of the Waqf Amendment Act need a closer look. They issued an interim order to prevent potential misuse while the case plays out.
One key provision put on hold requires someone to practice Islam for at least five years before creating a Waqf. The court worried this could lead to unfair decisions without clear rules on how to verify a person’s faith. "Without a proper mechanism, this might turn into arbitrary power," the bench noted. So, they’ve stayed this rule until guidelines are in place.
The Supreme Court also blocked another section that lets district Collectors decide if Waqf properties encroach on government land. The judges said Collectors aren’t equipped to handle disputes between private citizens and the state—this could blur the lines of separation of powers. Until a proper tribunal steps in, no new rights can be created for third parties, and this Collector power remains frozen.
On board compositions, the court stepped back some non-Muslim inclusion limits for now. It paused rules capping non-Muslims at three in state Waqf Boards and four in the Central Waqf Council. The bench added that, ideally, the CEO of these boards should be Muslim to keep things aligned with the spirit of Waqf management.
However, the top court greenlit the mandatory registration of Waqf properties. They pointed out this isn’t new—similar rules existed in the 1995 and 2013 Waqf Acts—so no changes here.
The Centre defended the amendments during the hearing, arguing that barring non-Muslims from creating Waqfs makes sense. They noted the original 1923 law didn’t allow it to avoid fraud, like dodging creditors. The five-year practice rule, they said, ensures genuine intent.
These challenges to the Waqf Amendment Act 2025 stem from petitions claiming the law discriminates against Muslims and violates fundamental rights. Key voices include AIMIM MP Asaduddin Owaisi, Congress MPs Mohammad Jawed and Imran Pratapgarhi, AAP MLA Amanatullah Khan, Azad Samaj Party chief Chandra Shekhar Azad, SP MP Zia Ur Rehman Barq, RJD’s Manoj Jha and Faiyaz Ahmad, DMK MP A Raja, Jamiat Ulema-i-Hind’s Maulana Arshad Madani, Samastha Kerala Jamiatul Ulema, Social Democratic Party of India, Indian Union Muslim League, and the All India Muslim Personal Law Board (AIMPLB). They slammed the changes as arbitrary and exclusionary.
Interestingly, six BJP-ruled states backed the amendments and filed their own pleas in support.
The Waqf Bill sailed through Parliament with the Lok Sabha passing it on April 3 and Rajya Sabha on April 4, after intense discussions. President Droupadi Murmu gave her nod on April 5, turning it into the Waqf (Amendment) Act 2025.
This Supreme Court move keeps the spotlight on Waqf property laws in India, balancing reforms with protections for religious rights. We’ll keep you posted as the full hearing unfolds.
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