Explore the Waqf Amendment Act with a complete chronology of events and the Supreme Court’s interim ruling. Explained with key provisions, legal debates, and the 2025 law row.
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NEW DELHI: On 15th September 2025, the Supreme Court delivered a crucial ruling on the constitutional validity of the Waqf (Amendment) Act, 2025. The petitions challenged several provisions as being arbitrary, discriminatory, and violative of fundamental rights under Articles 14, 15, 25, and 26.
The Court, led by CJI B.R. Gavai and Justice Augustine George Masih, refused to grant a stay but issued partial interim relief while allowing the statute to operate.
The Waqf (Amendment) Act, 2025, has sparked a constitutional and political debate in India. With several petitions filed against it and the Supreme Court stepping in to stay key provisions while refusing to halt the entire law, the legal journey has been noteworthy. Here’s a comprehensive look at the timeline of events and the top court’s interim ruling:
Chronology of Events
- April 3, 2025: Lok Sabha passes the Waqf (Amendment) Bill, 2025.
- April 4, 2025: Rajya Sabha passes the Bill.
- April 5, 2025: President Droupadi Murmu gives assent to the Bill. Soon after, AAP leader Amanatullah Khan moved the Supreme Court challenging the law. Several others follow.
- April 2025: AIMIM leader Asaduddin Owaisi, MP Mohammad Jawed, and the All India Muslim Personal Law Board (AIMPLB) also file petitions.
- April 17, 2025: The Supreme Court takes up the matter, terms it as In Re: Waqf (Amendment) Act, 2025. The Centre assures that ‘waqf by user’ or ‘waqf by deed’ properties will not be denotified during the pendency of proceedings. The Court directs the Centre to file its stand.
- April 25, 2025: Centre seeks dismissal of pleas, contending that there cannot be a blanket stay on the legislation.
- April 29, 2025: SC refuses to entertain fresh pleas against the law.
- May 5, 2025: Then CJI Sanjiv Khanna states the matter will be heard by his successor, Justice B.R. Gavai, on May 15.
- May 15, 2025: CJI Gavai lists the matter for hearing on May 20 on interim relief.
- May 20–22, 2025: The Supreme Court hears arguments and reserves orders.
- September 15, 2025: The Supreme Court delivers an interim order, staying some provisions but declining to stay the Act entirely.
Highlights of Supreme Court’s Interim Order (September 15, 2025)
Presumption of Constitutionality:
- The Court reiterated that every law passed by Parliament enjoys a presumption of constitutionality. Hence, it refused to stay the Waqf (Amendment) Act, 2025, in its entirety.
Clause on Five-Year Practising Muslim Requirement Stayed:
- The controversial clause requiring a person to be a practising Muslim for five years before dedicating property as Waqf has been put on hold.
- The Court ruled that this clause will remain suspended until State Governments frame rules to determine such conditions.
Dispute Resolution by Government Officers Stayed:
- The provision allowing a government-designated officer to decide disputes on whether Waqf property encroaches on government land has been stayed.
- The Court held that executive officers cannot adjudicate citizens’ rights as it violates the principle of separation of powers.
- Additionally, no third-party rights can be created over disputed Waqf properties until tribunals decide the matter.
Inclusion of Non-Muslims in Waqf Bodies:
- The provision allowing the nomination of non-Muslim members to Waqf Boards has not been stayed.
- However, the Court directed that, as far as possible, ex officio members of the Boards should be Muslims.
- For the Central Waqf Council, the Court capped non-Muslim members at a maximum of four. For State Waqf Boards, the number cannot exceed three.
Prima Facie Observations:
- The Court clarified that its remarks are only prima facie and will not prejudice further arguments. Petitioners retain the right to challenge the validity of the Act on other grounds.
Legislative History of Waqf in India
Mussalman Wakf Act, 1923:
- First statutory attempt to regulate waqfs.
- Aimed at addressing mismanagement and misuse of endowments, which were often seen as a device to evade creditors under the guise of religious dedication.
Bengal Wakf Act, 1934:
- Expanded the framework for registration and supervision.
- For the first time, a “Waqf by User”, i.e., property continuously used for religious purposes, could be treated as a waqf even without formal dedication.
Wakf Act, 1954:
- First central legislation on waqfs post-independence.
- Made registration mandatory and created Waqf Boards for administration.
- Despite the law, large-scale non-registration and misuse persisted.
Wakf Enquiry Committee & Waqf (Amendment) Act, 1984:
- The 1969–70 Wakf Enquiry Committee found widespread mismanagement and recommended reforms, drawing inspiration from the Bombay Public Trusts Act, 1950.
- Parliament amended the 1954 Act in 1984 to strengthen oversight, though enforcement remained weak.
Waqf Act, 1995:
- Consolidated and modernized waqf law.
- Made registration compulsory, expanded the powers of Waqf Boards, and attempted stricter regulation.
- Problems persisted with encroachments, disputes over Waqf by User, and claims on government land.
Case Title:
IN RE THE WAQF (AMENDMENT)w ACT, 2025 (1)
W.P.(C) No. 276/2025
Click Here To Read More Reports on Waqf Amendment Bill