Supreme Court Partially Stays Provisions of Waqf (Amendment) Act, 2025; Allows Registration Requirement but Pauses Five-Year Clause
In a far-reaching development, the Supreme Court of India on Monday delivered an interim ruling on the contentious Waqf (Amendment) Act, 2025, refusing to put the entire legislation on hold but selectively staying certain provisions that raised constitutional and procedural concerns.
The apex court’s decision came after hearing multiple petitions challenging the amended law, which has been at the centre of a heated debate across the country.
A bench comprising Chief Justice B. R. Gavai and Justice A. G. Masih clarified that while the Act as a whole would not be suspended, certain clauses needed immediate safeguards until the government framed appropriate rules.
Registration of Waqf to Continue
The court underlined that the requirement of registration of Waqf properties by the user was not a new concept. Chief Justice Gavai, reading out the order, observed: The requirement for registration was there from 1995 till 2013. It was taken away in 2013; therefore, there is nothing new.”
Thus, the provision mandating registration remains valid and operational.
Five-Year Practitioner Clause Put on Hold
The most contentious section of the amendment — Section 3(1)(r) — requires a person to be a practising Muslim for at least five years to create a Waqf. The Supreme Court expressed concern that this clause, without proper safeguards, could lead to arbitrary implementation.
The bench stayed this provision until state governments frame specific rules and mechanisms to determine whether a person has indeed been practising Islam for the requisite period. Until such mechanisms are put in place, the clause will not be enforceable.
Encroachment and Collector’s Powers Curtailed
Another major area of contention was the power vested in government officers under the amended law. The Act allowed a designated officer to report encroachments of government land by Waqf properties, following which the state could direct the Waqf Board to amend its records.
The court, however, stayed this provision, holding that it infringed on the doctrine of separation of powers. The bench clarified that determining the title and rights over property is a judicial function and cannot be left to the executive.
It further said: Unless the issue regarding the title to the Waqf property is finally decided by a competent forum, neither possession nor rights over the property can be disturbed, and no third-party rights can be created.”
This ensures that no arbitrary action can be taken against Waqf properties until legal due process is completed.
Non-Muslim Members in Waqf Boards
The court also addressed the controversial provision permitting the nomination of non-Muslim members to Waqf Boards. While the provision was not stayed, the Supreme Court laid down clear restrictions on representation:
- No more than four non-Muslim members out of 20 in the case of larger boards,
- And not more than three non-Muslim members out of 11 in smaller, state-level boards.
This clarification, the court noted, was to ensure balance in governance while still allowing broader participation.
Broader Implications
The interim order underscores the Supreme Court’s attempt to strike a balance between upholding legislative intent and protecting constitutional safeguards.
By refusing to stay the entire Act, the court has allowed reforms in Waqf administration to move forward, but its selective intervention ensures that individual rights and principles of natural justice are not compromised.
The final verdict will depend on detailed hearings, but for now, the ruling offers partial relief to the petitioners while preserving the essence of the 2025 amendment.
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