Today, On 15th September, Supreme Court imposes partial stay on the Waqf Amendment Act. The 5-year Islam practice clause is put on hold, while the registration requirement remains unaffected, affecting three key provisions under the 2025 amendment
The Supreme Court permitted most of the Waqf (Amendment) Act, 2025, to stay in effect but temporarily suspended three specific provisions while ongoing petitions contest the law.
One of the provisions on hold is the stipulation that an individual must have practiced Islam for a minimum of five years to dedicate property as Waqf.
The apex court stated during the hearing,
“We have considered prima facie challenge to each of the sections and found no case was made out to stay entire statute,”
The bench also addressed the structure of Waqf boards, ruling that the number of non-Muslims on state Waqf boards and the Central Waqf Council must not exceed three.
The court emphasized that these measures were essential to safeguard certain provisions while allowing the majority of the Act to remain operational.
The final provision the court suspended was one that granted a Collector the authority to determine whether a property designated as Waqf was owned by the government.
The court noted that allowing the Collector to adjudicate citizens’ rights would breach the principle of separation of powers.
The Supreme Court was issuing its interim orders on three key issues arising from petitions challenging the Waqf (Amendment) Act, 2025. Central to the discussion was the power to denotify properties classified as “waqf by courts, waqf-by-user, or waqf by deed,” a contentious issue that has ignited debates in both legal and religious communities.
The Bench stated,
“In the rarest of rare situations judicial intervention is warranted as the presumption is always in favour of the constitutionality of a statute. We examined the prima facie challenge to each provision. While no case has been made out for staying the statute in its entirety, certain sections require protection. Clause 3(r) is stayed to the extent it mandates showing that a person has practiced Islam for five years, as the absence of a defined mechanism could result in arbitrary exercise of power.”
The Court further remarked,
“The proviso to Section 2(c) clarifies that certain property shall not be treated as waqf property. Under Section 3C, allowing a designated officer to challenge revenue records and permitting the Collector to determine rights would violate the principle of separation of powers. Until the matter attains finality, the rights over the properties will remain unaffected, and until the title is decided, the waqf shall not be dispossessed of the property. The Waqf Board shall not consist of more than four non-Muslim members, and in the case of a State Board, not more than three. Further, under Section 23, the ex-officio officer must necessarily be from the Muslim community.”
The Supreme Court has issued a stay on several contentious provisions of the Act, including the following:
- Section 3r: This section, which mandates five years of practicing Islam, is stayed until the relevant State Governments formulate rules to establish a mechanism for determining eligibility. The court noted that without such a mechanism, there could be an “arbitrary exercise of powers.”
- Section 3C(2): The provision states that property will not be classified as waqf until the designated officer submits a report. If the designated officer concludes that the property is government-owned, he must correct the revenue records and notify the State Government. The court stayed this provision, asserting that allowing the collector to determine rights infringes on the principle of separation of powers. Until the designated officer’s findings are finalized, property rights will remain unaffected, as stated by the court.
- The court specified that until the title of the waqf property under Section 3C is conclusively determined, proceedings initiated under Section 83 by the tribunal will not lead to the dispossession of waqf properties, nor will the revenue records or Board records be altered. However, the SC added that once an inquiry under Section 3C begins, and until a final decision under Section 83 is made, no third-party rights regarding these properties will be established, as quoted by Live Law.
- Additionally, the SC ruled that the Central Waqf Council, as per Section 9, must not include more than four non-Muslim members out of a total of 20. Similarly, for State Boards under Section 14, no more than three non-Muslim members out of 11 are permitted.
- The court expressed its reluctance to stay Section 23 but advised that efforts should be made to appoint the Chief Executive Officer of the Board, who is the ex-officio Secretary, from the Muslim community whenever possible.
Earlier, The Supreme Court reserved its order on May 22 after hearing arguments from both sides for three consecutive days.
The petitioners raised three main concerns:
- The authority to denotify properties designated as ‘waqf by courts, waqf by user, or waqf by deed’ as outlined in the Waqf (Amendment) Act, 2025.
- The composition of state waqf boards and the Central Waqf Council, with the petitioners arguing that these bodies should consist solely of Muslims, aside from ex-officio members.
- The provision stating that a waqf property will not be recognized as such if the collector investigates to determine whether the property is government land.
The Lok Sabha approved the Waqf (Amendment) Act on April 3, followed by clearance from the Rajya Sabha on April 4. The amendment received Presidential assent on April 5.
This new legislation modifies the Waqf Act of 1995 to better regulate Waqf properties, which are designated exclusively for religious or charitable purposes under Islamic law.
A series of petitions challenging the amendment’s validity have been filed with the Supreme Court, including those from Congress Member of Parliament (MP) Mohammad Jawed and All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi, with additional petitions following shortly after.
The petitioners contend that the amendments disproportionately target Muslim religious endowments and infringe upon the community’s constitutionally protected right to manage its own religious affairs.
In support of the amendment, six states governed by the Bharatiya Janata Party (BJP), Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam have also approached the Supreme Court with intervention applications.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
At the heart of the challenge lies the removal of ‘waqf by user’ from the statutory definition of waqf.
The petitioners argue that this exclusion would strip historical mosques, graveyards, and charitable properties, many of which have existed for centuries without formal waqf deeds, of their religious significance.
In response, the Union government has asserted that the Waqf (Amendment) Act, 2025, was introduced to prevent the misuse of waqf provisions and to address unauthorized claims over public properties. The Centre further stated that the exclusion of “waqf by user” from the definition does not limit the right to dedicate property to God; it simply regulates the form of dedication in accordance with statutory requirements.
Regarding the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, the Centre described these individuals as a “microscopic minority,” asserting that their involvement aims to foster inclusivity within these bodies.
Solicitor General Tushar Mehta, representing the Central government, also claimed that tribal lands were being encroached upon under the disguise of waqf.
Earlier, On April 17, the Central government assured the Court that it would temporarily refrain from enforcing several key provisions of the Act.
Solicitor General Tushar Mehta, representing the Centre, defended the legislation by characterizing waqf as a “secular concept” and asserting that the law carries a “presumption of constitutionality.”
He argued that while waqf is based in Islamic tradition, it is not an essential religious practice, making a blanket stay on the Act unwarranted.
In contrast, Senior Advocate Kapil Sibal, who led the petitioners, argued that the Act signifies a “complete departure from historical legal and constitutional principles and could facilitate the appropriation of waqf properties through non-judicial means.“
Earlier, On April 25, the Union Ministry of Minority Affairs submitted a comprehensive 1,332-page affidavit defending the law and opposing any blanket stay.
The bill had been the subject of vigorous discussion in Parliament, with 288 members in the Lok Sabha voting in favor and 232 against it, while 128 members supported it in the Rajya Sabha and 95 opposed it.
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 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.
The bill created widespread protests and intense political discussions throughout India upon its passage in Parliament, with leaders and community groups expressing concerns about its implications for religious rights and the management of waqf properties.
Click Here To Read More Reports on Waqf Amendment Bill
Case Title: IN RE THE WAQF (AMENDMENT)w ACT, 2025 (1)|W.P.(C) No. 276/2025
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