SC Stays Key Provisions Of Waqf Act, Says Some Sections Need Protection

The Supreme Court on Monday stayed several key provisions of the Waqf (Amendment) Act, 2025, which had earlier triggered widespread protests across India.

The bench of Chief Justice BR Gavai and Justice AG Masih noted that while there was no reason to halt the entire law, ‘some sections need some protection’ as they could lead to ‘arbitrary use of power’. These provisions will remain on hold until the petitions challenging the Act’s constitutionality are resolved.

Practitioner of Islam Requirement: The Court stayed the provision that required a person to be a practitioner of Islam for at least five years until state governments frame rules to provide a mechanism for determining this. The SC bench said that without such a mechanism, “it would lead to arbitrary exercise of powers.”

Derecognition of Waqf Land: The provision allowing the government to derecognise waqf land while a dispute over encroachment is pending before a government officer has been stayed. The Court observed that allowing a collector to decide such disputes violates the separation of powers. Until the title is determined by the Tribunal or the Court, the disputed waqf land will remain unaffected, the apex court held.

Composition of Waqf Councils And Boards: In the Central Waqf Council, non-Muslim members cannot exceed four. In State Waqf Boards, the number of non-Muslim members cannot exceed three.

Appointment of CEO: The apex court did not stay the provision permitting a non-Muslim to serve as the CEO of a State Waqf Board, but stated that, as far as possible, a Muslim should be appointed.

Registration Requirements: The SC bench did not intervene in the condition of registration but allowed certain extensions to the timelines.

Three major concerns had emerged during the last hearing. A bench led by Chief Justice B R Gavai, on May 22, reserved its interim order after hearing arguments from both sides. The two sides included petitioners opposing the amended law and Union Government, represented by Solicitor General Tushar Mehta.

The Waqf (Amendment) Act, 2025, which came into force on April 8, makes substantial changes to the legal framework governing waqf properties. It was passed by the Lok Sabha on April 3 and the Rajya Sabha on April 4, before receiving President Droupadi Murmu’s assent on April 5.

During the hearing, the apex court will examine three major issues.

The first issue concerns the power to denotify properties declared as “waqf by courts, waqf by user, or waqf by deed”. The amended Act removes the long-standing “waqf by user” provision, which allowed property to be recognised as waqf if it had been used for religious or charitable purposes over time, even in the absence of formal documentation.

The second issue involves the composition of state waqf boards and the Central Waqf Council. Petitioners say that these bodies should be run solely by Muslims, barring ex-officio members, and that the amended law undermines this principle.

The third issue relates to a new provision enabling the district collector to inquire whether a waqf property is government land. If the collector determines that the land belongs to the government, the property will not be treated as waqf.

The government has strongly defended the amendment. The Ministry of Minority Affairs, in a 1,332-page preliminary affidavit filed on April 25, opposed any “blanket stay” on the law. It said that waqf, by its very nature, is a “secular concept” and that the Act enjoys a “presumption of constitutionality.”

Senior advocate Kapil Sibal, appearing for the petitioners, countered that the new law represents a “complete departure from historical, legal and Constitutional principles.