Supreme Court Partially Stays Provisions Of Waqf Law

The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025, citing a “presumption” of its constitutional validity. However, a bench led by Chief Justice B. R. Gavai and Justice Augustine George Masih issued an interim order stalling certain provisions, including one requiring individuals to have practised Islam for at least five years to create a waqf. The court also suspended a clause allowing a government-designated officer to resolve disputes over whether waqf property encroaches on government land.

The bench emphasised that no case was made to halt the entire statute, stating, “The presumption is always on the constitutionality of a statute, and only in the rarest cases can it be stayed.” While refusing to block the amendment permitting non-Muslims to serve as Chief Executive Officers of waqf boards, the court directed that the CEO should preferably be Muslim. Additionally, it capped the number of non-Muslims on state waqf boards and central waqf councils at three.

The court’s ruling follows a May 22, 2025, hearing where it reserved its order on challenges to the Waqf (Amendment) Act, including issues related to the power to denotify properties declared as waqf by courts, waqf-by-user, or waqf-by-deed. The petitioners had contested provisions like sections 3(r), 3C, and 14, among others.

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A detailed judgement is awaited, which will provide further clarity on the court’s reasoning. The Waqf Act governs the management of properties dedicated for religious or charitable purposes under Islamic law, and the amendments have sparked debates over their implications for waqf administration and inclusivity.

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