The Supreme Court refuses a full stay on the Waqf Amendment Act 2025, citing presumption of constitutionality, while imposing partial interim reliefs on key provisions.
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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.
Arguments by the Parties
Petitioners’ Arguments:
Senior counsels like Kapil Sibal, Dr. Rajeev Dhavan, Dr. A.M. Singhvi, and Huzefa Ahmadi argued:
- The Act’s deletion of “Waqf by User” undermines centuries-old recognition of community-created waqfs.
- The five-year Islamic practice requirement for creating a waqf is “discriminatory and arbitrary”.
- Amendments allow direct State interference in religious freedom, violating Articles 25 & 26.
- Sections 3C & 3E restrict dedication of property in Scheduled/Tribal areas, allegedly targeting Muslims.
Dr. Dhavan emphasized,
“Charity is one of the five tenets of Islam… the impugned Act which permits the State to interfere with the religious freedom of persons professing the Islamic religion is not sustainable in law.”
Respondents’ Arguments:
Solicitor General Tushar Mehta defended the law:
- Parliament acted to curb encroachments where vast government lands were wrongly claimed as waqf.
- The presumption of constitutionality must favor legislation,
“The burden to prove unconstitutionality would be on the other side, and a very heavy burden would lie on them to dislodge the presumption.”
- Deletion of “Waqf by User” is prospective; existing registered waqfs remain protected.
- The Act strengthens accountability and transparency in waqf management.
Court’s Observations
On Waqf by User:
The Court upheld the prospective deletion, noting misuse,
“If the legislature, in 2025, finds that on account of the concept of ‘Waqf by User’, huge government properties have been encroached upon and to stop the said menace, it takes steps for deletion of the said provision, the said amendment, prima facie, cannot be said to be arbitrary.”
On Five-Year Islam Practice Condition:
The Court stayed this portion temporarily,
“Any person showing or demonstrating that he is professing Islam for at least five years shall stand stayed until the rules are framed by the State Government for providing a mechanism…”
On Government Property as Waqf:
The Court stayed part of Section 3C, which excluded disputed lands from waqf until final adjudication.
“The proviso… which reads, ‘Provided that such property shall not be treated as waqf property till the designated officer submits his report,’ … shall stand stayed.”
On Composition of Waqf Boards:
The Court limited non-Muslim representation,
“Insofar as the Central Waqf Council is concerned, it shall not consist of more than 4 non-Muslim members out of 22. Equally… the Board… shall not consist of more than 3 non-Muslim members out of 11.”
Background: Legislative History of Waqf
Mussalman Wakf Act, 1923:
The first statutory attempt to regulate waqfs in India. Its Statement of Objects and Reasons noted:
“For several years… there has been a growing feeling amongst the Mahomedan community… that the numerous endowments… are being wasted or systematically misappropriated… A wakf endowment has now come to be regarded… as only a clever device to tie up property in order to defeat creditors and generally to evade the law under the cloak of a plausible dedication to the Almighty.”
Bengal Wakf Act, 1934:
- Extended the framework for registration and supervision of waqfs.
- For the first time, “Waqf by User” was recognized, where property could be treated as waqf if it had been continuously used for religious purposes, even without formal dedication.
Wakf Act, 1954:
- The first post-independence central legislation on waqfs.
- Provided for mandatory registration of waqfs and established Waqf Boards for administration.
- Despite this, large-scale non-registration and misuse of waqf properties continued.
Wakf Enquiry Committee & Waqf (Amendment) Act, 1984:
- The Wakf Enquiry Committee (1969-70), comprising eminent Muslims, found widespread mismanagement and loss of waqf properties.
- It recommended stricter provisions, inspired by the Bombay Public Trusts Act, 1950.
- In 1984, Parliament amended the 1954 Act to strengthen oversight, though implementation remained weak.
Waqf Act, 1995:
- Consolidated and updated waqf law in India.
- Made registration compulsory and expanded the powers of Waqf Boards.
- However, encroachments, disputes over “Waqf by User”, and government land being wrongly claimed as waqf continued to plague the system.
Judicial Concerns Before 2025
- In several cases (e.g., State of A.P. v. A.P. Waqf Board), vast tracts of government land were wrongly registered as waqf properties, forcing States to litigate up to the Supreme Court.
- Similarly, private lands and commercial properties were being retrospectively claimed as waqf under the “Waqf by User” doctrine.
The Waqf (Amendment) Act, 2025
Against this background, Parliament enacted the 2025 Amendment with the stated aim of “protecting waqf properties, ensuring transparency, and preventing misuse.” Key changes included:
- Abolition of “Waqf by User” (prospectively).
- Five-year Islamic practice requirement for creating a waqf.
- Restriction on the dedication of Scheduled/Tribal lands as waqf.
- Changes in the composition of Waqf Boards, including potential inclusion of non-Muslims.
- Mandatory registration backed by stricter consequences.
Key Reforms Introduced under the Waqf (Amendment) Act, 2025
- Separation of Trusts from Waqf: Trusts established by Muslims under any law will no longer be classified as waqf, allowing individuals to maintain full control over their trusts and asset management.
- Modernization through Technology: The Act aims to utilize technology to enhance the scientific, efficient, and transparent management of waqf. Improved accountability and streamlined processes are primary objectives.
- Central Waqf Portal: A new portal will automate the entire lifecycle of waqf properties, including registration, accounts, audits, contributions, and litigation. This centralized system seeks to simplify administration and ensure nationwide transparency.
- Rules on Dedication of Waqf Property: Only individuals who have practiced Islam for at least five years can dedicate property to waqf, reverting to pre-2013 provisions; previously, “any person professing Islam” could dedicate property.
- Protection of Waqf by User Properties: Existing waqf by user properties registered with waqf boards will remain intact unless they are disputed or declared as government land. According to WAMSI, there are 4.02 lakh waqf properties by user properties out of a total of 8.72 lakh waqf properties.
- Women’s Rights in Family Waqf: Women are entitled to their rightful inheritance before any property is dedicated to waqf. Special provisions are included to protect the rights of widows, divorced women, and orphans.
- Government Properties under Waqf Management: As of September 5, 2024, data indicates that 5,973 government properties have been designated as waqf across 25 out of 32 States/UTs. The Archaeological Survey of India (ASI) has reported that 132 protected monuments have been classified as waqf properties, including 108 under the Land and Development Office, 130 under the Delhi Development Authority, and 123 in the public domain.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Conclusion
The Supreme Court adopted a balanced approach in its ruling on the Waqf (Amendment) Act, 2025. While the petitioners pressed for a complete stay of the law, the Court refused to suspend the statute in its entirety.
As the Bench observed,
“In the totality of the circumstances, we do not find that any case is made out to stay the provisions of the entire statute.”
Accordingly,
“The prayer for stay of the impugned Act is, therefore, rejected.”
However, the Court did not leave the petitioners remediless. It granted limited interim reliefs to prevent immediate harm, staying the controversial five-year Islam practice requirement, protecting disputed government lands from automatic exclusion, and capping the number of non-Muslim members in Waqf Boards and the Central Council.
The Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih noted the efforts of Shri Kapil Sibal, Dr. Rajeev Dhavan, Dr. A.M. Singhvi, Shri C.U. Singh and Shri Huzefa Ahmadi, who appeared as senior counsel for the petitioners.
The Bench stated,
“Most importantly, we place on record our appreciation for all the learned counsel for ably assisting the learned Senior Counsel in advancing their submissions.”
This note of appreciation reflects the Court’s recognition of the extensive legal assistance and the depth of arguments made from all sides in this sensitive matter.
Case Title:
IN RE THE WAQF (AMENDMENT)w ACT, 2025 (1)
W.P.(C) No. 276/2025
Read Judgment:
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