On Monday, the Supreme Court of India issued an interim stay on two controversial provisions of the recently passed Waqf Amendment Act, 2025, following a series of petitions challenging the law’s constitutional validity. The justices emphasized that a complete suspension of the Act was not necessary, as such action is reserved for extremely rare circumstances. One provision on hold mandated that anyone wishing to establish a waqf, a charitable endowment per Islamic law, must have been a practicing Muslim for at least five years. Petitioners contended that this requirement discriminated based on religion and infringed upon the fundamental rights of equality and religious freedom guaranteed by the Constitution.
Another suspended clause aimed to restrict non-Muslim involvement in the management of waqf properties, limiting their representation on state waqf boards and the central waqf council to three members. Critics argued that this limitation diminished inclusivity and threatened India’s secular governance framework. While granting partial relief, the Supreme Court clarified that the remaining provisions of the Waqf Amendment Act, 2025, would still be in effect until a final ruling is made. This law, enacted earlier this year, intends to enhance the management of waqf properties nationwide but has encountered opposition from various civil rights organizations and political groups, who claim it grants excessive control to religious authorities.
The court’s interim ruling ensures that the disputed provisions will remain inactive while the broader constitutional questions are thoroughly examined in upcoming hearings.