Supreme Court Puts Key Provisions of 2025 Waqf Law on Hold, Refuses Complete Stay
CJI BR Gavai bench halts sections on practicing Muslim criteria, government adjudication of Waqf properties, while most of the law remains in force
New Delhi, Sep 15: The Supreme Court on Monday put several crucial provisions of the Waqf (Amendment) Act, 2025 on hold, including the clause requiring a person to have practised Islam for the last five years to dedicate a property as Waqf, but refused to stay the law in its entirety.
A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih said, “Presumption is always in favour of the constitutionality of a statute, and intervention can be done only in the rarest of rare cases.” The interim order addresses concerns raised over arbitrary exercise of powers under certain provisions.
The apex court stayed provisions under Section 3(r), which requires the dedicator to be a practicing Muslim for five years, until state governments frame rules to verify this status. Section 3C, which empowers government officers to adjudicate Waqf properties and amend revenue records, has also been partially stayed, along with its provisos under Sections 3C(2), 3C(3), and 3C(4).
The bench clarified that until the final adjudication of property titles under Section 83 by the Waqf Tribunal, and pending High Court appeals, neither the possession of Waqf properties nor their records would be disturbed. However, no third-party rights can be created during the inquiry.
On non-Muslim participation in Waqf Boards, the court limited representation but did not strike down the provisions. It directed that the Central Waqf Council should have no more than four non-Muslim members out of 20, and State Waqf Boards not more than three out of 11. The court also advised appointing CEOs of Waqf Boards preferably from the Muslim community wherever feasible.
Other provisions, such as registration of Waqfs, remain unaffected, as the court observed this requirement existed under previous legislations of 1995 and 2013.
The Waqf (Amendment) Act, notified on April 8 after presidential assent on April 5, 2025, seeks to regulate Waqf administration, streamline governance, and ensure transparency in managing properties dedicated for charitable and religious purposes.
