Supreme Court halts key provisions of Waqf Amendment.
The Supreme Court stayed the provision mandating that only individuals practising Islam continuously for the past five years would be eligible to create or establish a waqf.
New Delhi: In a significant move that has drawn national attention, the Supreme Court on Monday stayed the operation of certain key provisions of the Waqf (Amendment) Act, 2025, while refusing to halt the entire law.
One of the most debated provisions of the Act had mandated that only individuals who have been practising Islam continuously for at least five years could create a waqf — a charitable endowment under Islamic law. The apex court, led by Chief Justice B. R. Gavai and Justice Augustine George Masih, observed that such a restriction prima facie raised serious constitutional concerns and ordered its suspension.
Another controversial clause, which empowered a government-designated officer to decide disputes over whether a waqf property had encroached on government land, was also stayed. The bench noted that leaving such disputes entirely to an executive officer risked undermining judicial oversight in sensitive property matters.
He clarified that while the petitioners had challenged the entire Act, the court found it necessary to intervene only with certain sections, including Sections 3(r), 3C, and 14.
At the same time, the court declined to suspend other amendments. For instance, the Act now allows the appointment of non-Muslims as Chief Executive Officers (CEOs) of Waqf Boards — a point that had sparked strong opposition. While the court acknowledged community concerns, it stated that as far as possible, preference should be given to Muslims for the role of CEO, but the provision itself would remain.
The bench also upheld the amendment that permits non-Muslims to be members of State Waqf Boards and the Central Waqf Council, though with an important safeguard: their number cannot exceed three. This, the judges said, would strike a balance between inclusivity and respecting the religious character of waqf institutions.
The Waqf (Amendment) Act, 2025, had been passed swiftly earlier this year. It cleared the Lok Sabha on April 3 and the Rajya Sabha on April 4 before receiving presidential assent from Droupadi Murmu on April 5. The Centre formally notified it on April 8, triggering a wave of petitions from community groups and individuals who argued that several provisions infringed upon religious freedoms and property rights.
On May 22, after hearing arguments from both the government and petitioners, the Supreme Court had reserved its order on three contentious issues. One of the most sensitive debates concerned the government’s new powers to denotify properties already declared as waqf by courts, by user, or by deed. Petitioners argued this gave sweeping authority to undo long-standing religious trusts, while the government defended it as necessary to address misuse and overlapping claims.
Beyond the legal complexities, the case carries profound human implications. For many Muslims in India, waqf properties — ranging from mosques to graveyards and educational institutions — represent not just religious heritage but also community welfare. The possibility of government officers unilaterally deciding disputes or restrictions on who can create waqf touched raw nerves in the community.
At the same time, the government has argued that the reforms are aimed at ensuring transparency, accountability, and better governance of waqf assets, which collectively cover vast stretches of land across India.
Monday’s interim order reflects the court’s effort to strike a middle path — protecting constitutional principles while not halting the functioning of the entire Act. As the case proceeds, the outcome will likely shape not only the governance of waqf institutions but also broader debates around religious freedom, state authority, and minority rights in India.