theTripurapost News Images

Supreme Court Stays Key Provisions of Waqf (Amendment) Act 2025

  • By Thetripurapost Desk, New Delhi
  • Sep 15, 2025
  • 227

The Supreme Court on Monday put a partial stay on certain controversial provisions of the Waqf (Amendment) Act 2025, even as it refused to repeal the law in its entirety. The Act, which was passed by Parliament in April and approved by President Droupadi Murmu, had sparked opposition across several states.

A two-judge bench headed by Chief Justice of India BR Gavai heard a batch of five petitions challenging the amendments. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Rajeev Dhavan argued on behalf of the petitioners, while Solicitor General Tushar Mehta defended the government.

Court’s Key Observations

1. Membership of Waqf Boards

The Act had mandated that only those who have been practicing Islam for more than five years could be appointed to Waqf Boards.

The Supreme Court stayed this provision, observing that such restrictions cannot apply unless state governments frame specific rules.

 

2. Representation of Non-Muslims

The Act allowed 11 members on state Waqf Boards, including non-Muslim members.

The court restricted this, ruling that no more than three non-Muslims can serve on state Waqf Boards, and no more than four on the Central Waqf Council.

It further recommended that, wherever possible, the CEO of the Board should be a Muslim member.

3. Powers of the District Collector

The Act had empowered District Collectors to decide whether disputed land under the Waqf Board was government property.

The court struck this down, declaring that executive authorities cannot adjudicate on citizens’ personal rights, as this violates the principle of separation of powers.

Background

The Waqf (Amendment) Bill 2025 was passed with majority support during the budget session — 288 MPs in the Lok Sabha and 232 MPs in the Rajya Sabha voted in its favour. Despite widespread protests, the bill became law after presidential assent on April 5, 2025.

Petitioners had urged the court to repeal the Act entirely, but the bench declined, saying only select provisions required judicial intervention.

Significance

The judgment has wide implications for the governance of Waqf properties across India, particularly concerning the balance of religious representation, state oversight, and constitutional rights. While the Act remains in force, the court’s stay has effectively reshaped its implementation.