The court also paused the powers given to collectors to adjudicate Waqf properties and addressed the participation of non-Muslims in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11
The Supreme Court refused to put the entire law on hold. File pic
The Supreme Court on Monday stayed several key provisions of the Waqf (Amendment) Act, 2025, including the clause requiring a person to have practised Islam for the past five years before dedicating property as Waqf, news agency PTI reported.
However, the apex court refused to put the entire law on hold.
“We have held that 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 BR Gavai and Justice Augustine George Masih said in its interim order.
The court also paused the powers given to collectors to adjudicate Waqf properties and addressed the participation of non-Muslims in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11, reported PTI.
“The bench has considered the prima facie challenge to each section in the new law and found that no case was made out to stay entire provisions of the statute. However, some sections need some protection,” CJI Gavai said.
He also emphasised that the directions were interim and would not prevent petitioners or the government from presenting full arguments at the final hearing, reported PTI.
Key sections that remain in the Act
Section 3(r): The requirement that a person must have practised Islam for five years before dedicating property as Waqf has been stayed until state rules are framed to determine what constitutes “practising Muslim.” The order noted that without such rules, the provision could lead to arbitrary power.
Section 3C: The court stayed the proviso to Section 3C(2), which deemed a property non-Waqf unless a government officer confirmed no encroachment. Sections 3C(3) and 3C(4), which authorised officers to declare property as government land and direct Waqf Boards to correct records, were also stayed. “Permitting the collector to determine the rights is against the separation of powers; the executive cannot determine citizens’ rights,” the bench said. Until the Waqf Tribunal adjudicates property titles under Section 83, possession and records cannot be disturbed, though no third-party rights can be created during the inquiry
Non-Muslim participation in Waqf Boards: The court refused to stay the provisions but imposed limits. While Section 23, which deals with CEO appointments, remains intact, the bench directed that, as far as possible, the CEO should be appointed from the Muslim community.
The court also declined to interfere with the provision mandating registration of Waqfs, noting it existed under the 1995 and 2013 legislations.
Waqf refers to an endowment made by a Muslim for charitable or religious purposes such as building mosques, schools, hospitals, or other public institutions. Waqf properties are inalienable—they cannot be sold, gifted, inherited, or encumbered.
The Supreme Court had reserved its orders on May 22 on three key issues: powers to denotify properties declared as Waqf, the composition of state Waqf Boards and the Central Waqf Council, and the status of a Waqf property during a collector’s inquiry.
The Waqf (Amendment) Act, 2025, was notified by the Centre on April 8 after President Droupadi Murmu gave her assent on April 5. The Lok Sabha and Rajya Sabha passed the Bill on April 3 and 4 respectively.
(With PTI inputs)
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