SC Declines Stay On Waqf Amendment Act, Suspends Select Provisions
SC suspends clauses on five-year Islam practice requirement and waqf property determination, but allows remainder of Act to stand
New Delhi, Sep 15: The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act, 2025, but temporarily suspended certain contentious provisions, including the requirement that a person must have been a practitioner of Islam for five years to create a Waqf.
A bench comprising Chief Justice of India BR Gavai and Justice AG Masih said the five-year requirement will remain on hold until rules are framed to determine how a person’s status as a practitioner of Islam will be verified. “Without such a mechanism, the provision will lead to an arbitrary exercise of power,” the bench observed.
The court also stayed provisions under Sections 3C(3) and 3C(4), which govern the treatment of Waqf property and the role of designated government officers in reporting encroachment or correcting revenue records. The court clarified that until the title of the Waqf property is finally decided under Section 83, no Waqf shall be dispossessed, and revenue or Board records shall remain unaffected. Furthermore, no third-party rights shall be created during the inquiry period.
Reacting to the verdict, Congress MP Imran Pratapgarhi welcomed the decision, saying it offers relief to land donors concerned that the government might attempt to seize Waqf properties. He highlighted that the five-year Islam practice clause raised questions of faith and commended the apex court for addressing the issue.
The Supreme Court’s order allows the bulk of the Waqf (Amendment) Act, 2025 to remain in force while ensuring safeguards for individuals and Waqf properties until detailed rules and inquiries are completed.
