The Supreme Court of India, on Monday, issued a stay on certain provisions of the Waqf (Amendment) Act, 2025, while petitions contesting the amendment’s constitutional validity are being assessed.
A Bench led by Chief Justice B.R. Gavai and Justice A.G. Masih ruled that it was unnecessary to stay the entire amendment. However, the court specifically placed a stay on two provisions:
- Section 3(1)(r): This clause mandates that an individual must be a practitioner of Islam for a continuous period of five years to create a Waqf. The stay remains in effect until respective State Governments develop rules to determine qualification criteria for practitioners of Islam.
In matters concerning property disputes, the court also stayed the provision that allows a government-designated officer to decide if Waqf property has encroached upon government land. The court emphasized that granting an executive officer the authority to adjudicate on individual rights would violate the doctrine of separation of powers. Nevertheless, it instructed that while waiting for Waqf Tribunal adjudication, no third-party rights should be established against the parties involved.
The court did not stay the provision allowing the inclusion of non-Muslims in Waqf Boards. However, it specified that, as a general principle, ex-officio members should primarily be Muslims. The court limited the Central Waqf Council to a maximum of four non-Muslim members and State Waqf Boards to a maximum of three non-Muslim members.
Regarding the requirement for registration, the court opted not to interfere, noting that such a requirement was not new, having been present in earlier laws enacted in 1995 and 2013. However, it did extend the timelines for compliance with registration requirements.
This bench’s order followed three consecutive days of hearings, and the petitions challenge broad amendments made to Waqf law by Parliament in 2025.
A detailed judgment is expected in the forthcoming days.
Tags: Waqf Amendment Act, Supreme Court, stay statute, major provisions, legal update
Hashtags: #Waqf #Amendment #Act #Supreme #Court #declines #stay #entire #statute #halts #operation #major #provisions
