Key points:
Stayed requirement of having practiced Islam for five years to create Waqf property
Limited number of non-Muslim members allowed on Waqf Boards
Disqualified government from derecognizing disputed properties
The Supreme Court delivered an interim judgement on the Waqf (Amendment) Act, 2025, on Monday, 15 September 2025, staying three key provisions, but not the whole Act.
A bench of CJI B.R. Gavai and A.G. Masih said this about the judgement: “We have gone to legislative history right from the 1923 Act up till now and considered a prima facie challenge to each of the sections. After hearing parties, we have held that the case was not made out to stay the entire statute. However, certain sections which are challenged need some protection.”
Three key protections put forward by the court are as follows:
• The requirement that an individual must have practiced Islam for at least five years to create a Waqf property was dismissed as ‘arbitrary’ without a verification mechanism in place. However, the bench stated that it can’t be ruled out that someone might convert to Islam to misuse the protection extended by the Waqf Act.
• Limitations were imposed on the number of non-Muslim members constituting Waqf bodies, with only four being permitted on the Central Waqf Committee and three on State Boards. This is in line with the petitioners’ argument that the same protections should be extended to Waqf bodies as enjoyed by Hindu and Sikh religious endowments, which do not allow members from other faiths.
• The ability of the government to derecognize contested properties was rescinded for the duration of the dispute, till after a decision pronounced by a tribunal or court. The bench argued that allowing a District Collector to resolve the dispute violates the constitutional provision of separation of powers.
See Also: Stay is only for short time: Jagdambika Pal on SC’s order on Waqf (Amendment) Act provisions
At the same time, there were several provisions contested by the petitioners that the bench refused to stay:
• Some non-Muslim members can be appointed to Waqf boards, including to the position of Chief Executive Officer on State boards. The bench suggested that this member should be Muslim as far as possible but did not issue a binding judgement on the matter.
• Tribal land and ASI notified monuments cannot be claimed as Waqf properties.
• Mandatory registration of Waqf properties is maintained, as is the application of the Limitation Act, 1963 to Waqf properties. The provision for a property to be declared Waqf-by-use also remains dismissed, meaning any property will have to manually be registered as Waqf.
• Creation of Waqf properties is limited to Muslims. The bench argued that if someone from a different faith wished to donate a property to Waqf, they could donate it to a trust first.
The bench argued that a law can only be stayed in the “rarest of rare cases” and that the Act upheld the ‘presumption’ of constitutionality, but maintained the right of the petitioners to challenge the Act in its entirety.
The Supreme Court first heard the pleas in May this year, but reserved judgment till later.
The Waqf (Amendment) Act, 2025 was notified in April 2025, amending the earlier 1995 Act to improve “the efficiency of the administration and management of the waqf properties,” according to the Centre. At the same time, it was petitioned by prominent Muslim leaders and organizations, including Amanatullah Khan, Asaduddin Owaisi, and the All India Muslim Personal Law Board (AIMPLB), arguing that the act infringed upon religious rights, relegates the organization to the sidelines, and was drafted without adequate consultation. [Rh/DS]
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