SC stays few key provisions of Waqf Amendment Act

Muslim bodies have welcomed the Supreme Court order. FILE PIC

The Supreme Court on Monday put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create Waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.

"Presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases," a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its 128-page interim order. The bench went on, "We do not find that any case is made to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected."

However, in order to "protect the interests of parties" and "balance the equities", the order stayed some provisions, including the powers accorded to a collector to adjudicate the status of waqf properties and ruled on the issue of non-Muslim participation in Waqf Boards.

The bench, therefore, directed the Central Waqf Council not to have more than four non-Muslim members in the total composition of 20 besides asking state waqf boards to have not more than three such members in the total of 11. The top court further stayed a provision which said a property should not be treated as "waqf property till the designated officer submits his report".

In addition, another provision stating, in case the designated officer determines the property to be a government property, he should make necessary corrections in revenue records and submit a report to the state government, was also stayed. Till the final determination about the title of a disputed property by the tribunal and subject to further orders of the high court in an appeal, the bench held, no third-party rights would be created.

It, however, did not stay Section 23 (appointment of chief executive officer and his term of office and other conditions of service) of the amended law, but directed the authorities "as far as possible" an effort should be made to appoint the chief executive officer of the board who is the ex-officio secretary from the Muslim community.

Muslim bodies welcome SC order

Prominent Muslim bodies on Monday welcomed the Supreme Court judgement putting on hold several key provisions of the Waqf (Amendment) Act, 2025, saying they are hopeful of getting "complete justice" in the matter once the final judgement is pronounced. Both the All India Muslim Personal Law Board (AIMPLB) and the All India Shia Personal Law Board (AISPLB) termed the order a welcome step.

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