The Supreme Court delivered a significant ruling on Monday by imposing a partial stay on several controversial provisions of the Waqf (Amendment) Act, 2025. This decision provides interim relief to petitioners who have raised constitutional challenges against the newly enacted legislation. Chief Justice BR Gavai, who led the bench, clarified that while the court found no grounds to halt the entire Act, specific sections facing legal challenges would remain suspended during the ongoing constitutional review process. The court emphasized that it had conducted a thorough examination of the legislative history dating back to the 1923 Act before reaching this decision.
Among the most significant provisions stayed by the court is the requirement that individuals must practice Islam for five years before being eligible to create a Waqf. The court ruled that this provision would remain suspended until proper guidelines are established to determine qualifications for religious practice. The Supreme Court also blocked the implementation of Section 3C(2), which would have allowed designated government officers to classify properties as non-Waqf based on encroachment reports. Additionally, the court struck down provisions granting Collectors the authority to determine property rights, stating this violates the constitutional principle of separation of powers. The bench expressed strong concerns about executive authorities making judicial determinations, noting that allowing collectors to decide citizen rights contradicts fundamental governance principles.
This represents a significant check on administrative overreach in property disputes. Regarding the composition of Waqf Boards, the court modified provisions to ensure no more than three non-Muslim members serve on Waqf Boards, with a total limit of four non-Muslims on Waqf Councils. The ruling also mandated that ex-officio officers should preferably come from the Muslim community when possible. However, the court chose not to interfere with registration requirements, acknowledging that such mandates have existed intermittently since 1995 and do not represent a novel imposition. The ruling follows extensive deliberations that began in May when the court reserved its decision after three consecutive days of arguments from both sides.
The constitutional challenges stem from amendments passed by Parliament earlier this year, which received presidential assent in April. The Waqf (Amendment) Act, 2025 was approved by Parliament with substantial majorities in both houses, garnering 288 votes in favor in the Lok Sabha and 128 in the Rajya Sabha. The Centre had previously defended the legislation through the Ministry of Minority Affairs, opposing any blanket judicial stay. Legal representatives for the petitioners expressed satisfaction with the outcome, with lawyer MR Shamshad describing the verdict as ‘reasonably good’ and noting that most challenged provisions had been addressed by the court.
Political leaders also welcomed the decision, with Congress MP Imran Pratapgarhi characterizing it as a check on governmental overreach, highlighting concerns among property donors who feared potential land acquisition by authorities under the new provisions. The Supreme Court’s intervention reflects ongoing tensions between religious community rights and administrative authority, setting important precedents for how constitutional challenges to religious legislation will be evaluated. The case continues as the court prepares to hear arguments on the broader constitutional validity of the amended law.