New Delhi – The Supreme Court today put a stay on certain provisions of the Waqf (Amendment) Act, 2025, which has been the subject of multiple legal challenges since its enactment. A bench comprising Chief Justice of India B.R. Gavai and Justice A.G. Masih, while declining to stay the entire law, granted interim relief on specific clauses that petitioners had argued were unconstitutional.
The court stayed the provision that mandated a person be a practitioner of Islam for five years to create a Waqf. The bench observed that this requirement, without clear rules for its determination, would lead to an “arbitrary exercise of power” by the government. The stay will remain in effect until state governments frame appropriate rules to determine this condition.
In a move aimed at upholding the principle of separation of powers, the court also stayed the provision that allowed a designated government officer to decide disputes over whether a Waqf property had encroached upon a government-owned property. The bench stated that an executive officer cannot be permitted to adjudicate the rights of private citizens. The court clarified that until a final adjudication by a Waqf Tribunal, no third-party rights can be created on the disputed property.
The bench, however, did not stay the provision that allows for the nomination of non-Muslim members to Waqf Boards. Instead, it provided guidance on the composition of these bodies, stating that the Central Waqf Council should not consist of more than four non-Muslim members, and a State Waqf Board should have no more than three. The court also observed that, “as far as possible,” the ex-officio member of the Board should be from the Muslim community.
The court’s decision comes after a series of petitions were filed by various Muslim organizations and political figures, including All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi and Congress MP Imran Pratapgarhi. They had challenged the constitutional validity of the Act, arguing that it violated the fundamental rights of the Muslim community to manage its own religious affairs. The Central government, in its defense, had argued that the law was a “secular concept” and was intended to curb the misuse of Waqf properties and tackle unauthorized claims over public lands. The All India Muslim Personal Law Board, a key petitioner, welcomed the court’s order.