Supreme Court of India.
Supreme Court Stays Some Provisions of Waqf Amendment Act of 2025: In a significant interim order that may shape the future interpretation of religious endowment laws in India, the Supreme Court today stayed several controversial provisions of the Waqf (Amendment) Act, 2025, while refusing to suspend the law in its entirety. The Court, however, upheld the registration requirement and allowed limited non-Muslim representation on Waqf Boards and Councils.
A two-judge bench led by Chief Justice of India BR Gavai and Justice AG Masih delivered the ruling in a batch of petitions challenging the constitutional validity of the 2025 amendments. The case—IN RE THE WAQF (AMENDMENT) ACT, 2025 (1), W.P.(C) No. 276/2025—saw opposition from a wide spectrum of political and civil society actors, including MPs from AIMIM, TMC, DMK, RJD, CPI, SP, AAP, and various Muslim religious organizations.
Key Takeaways from the Supreme Court’s Interim Direction:
5-Year Islam Practice Rule Stayed
The Court stayed the provision in Section 3(1)(r) requiring a person to be a practising Muslim for at least five years before creating a Waqf. It observed that without a clearly defined mechanism by state governments to determine adherence to the faith, this requirement could lead to “arbitrary exercise of power.”
“This provision is not per se arbitrary, but must be backed by a rule-based mechanism. Until such rules are framed, it stands stayed,” CJI Gavai said.
De-recognition of Waqf Land by Government Officers Suspended
The Supreme Court struck down the power granted to designated government officers (Collectors) to decide whether a disputed Waqf property is government land. The bench observed this violated the doctrine of separation of powers and could lead to executive overreach.
“Only Tribunals and Courts can adjudicate title disputes. Allowing Collectors to do so is unconstitutional,” the Court noted.
It also directed that:
No third-party rights shall be created on such disputed properties.
Revenue and Waqf Board records should remain unchanged until Tribunal adjudication under Section 83.
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Non-Muslim Representation in Waqf Bodies Capped
The Court imposed limits on the number of non-Muslim members:
Central Waqf Council: Max 4 non-Muslim members (of 22)
State Waqf Boards: Max 3 non-Muslim members (of 11)
Non-Muslim CEO Not Barred, But Preference to Muslims
While refusing to stay Section 23 allowing non-Muslims to serve as CEOs of Waqf Boards, the Court advised that “as far as possible”, Muslims should be appointed to these sensitive roles.
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Registration Requirement Upheld
The bench declined to interfere with the requirement of Waqf registration, clarifying that such a provision had already existed between 1995 and 2013.
“No case is made out to stay the provisions of the entire statute. However, interim protection is required to preserve the status quo and prevent harm,” the Court said.
What the Supreme Court Did Not Interfere With?
The Court chose not to stay several other contentious amendments, including:
Abolition of ‘waqf by user’
Ban on creating Waqfs over Scheduled Areas and protected monuments
Provisions applying the Limitation Act to Waqf disputes
Rule that only Muslims can create Waqfs
Renaming of the Act to “Unified Waqf Management, Empowerment, Efficiency and Development”
Limits on inclusion of women in Waqf boards
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Backdrop of the legal battle on Waqf Amendment Act
The Waqf Amendment Act, passed earlier this year, sparked widespread controversy for its far-reaching changes in governance and management of Waqf properties, which are estimated to span over 6 lakh acres across India.
Petitioners argued the amendments were discriminatory, arbitrary, and violative of religious freedoms, while five BJP-led state governments—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, and Maharashtra—filed interventions supporting the legislation. Kerala also recently supported the Act.
Notable petitioners include:
AIMIM MP Asaduddin Owaisi
TMC MP Mahua Moitra
AAP MLA Amanatullah Khan
Jamiat Ulema-i-Hind, All India Muslim Personal Law Board, Indian Union Muslim League, and other religious bodies.
The petitions challenge the constitutionality of various provisions including:
- Inclusion of non-Muslims in Waqf governance
- Executive powers over property disputes
- Elimination of longstanding community practices
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What’s Next?
The matter will now proceed to final hearing, where all parties can make detailed submissions on the constitutionality of the provisions. The Court clarified that its interim directions are prima facie in nature and do not prejudice the outcome of the final adjudication.
Meanwhile, the Union Government’s previous assurance—given in April under the former CJI Sanjiv Khanna—that no waqf will be de-notified or altered during pendency of the matter—remains in effect.
This ruling reaffirms the Supreme Court’s cautious approach in reviewing legislation—avoiding total suspension while surgically striking provisions that risk constitutional violations. The final verdict could redefine the legal landscape of religious endowments in India.
Case Title: IN RE THE WAQF (AMENDMENT) ACT, 2025 (1) W.P.(C) No. 276/2025
Bench: CJI BR Gavai and Justice AG Masih
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