News Brief | Supreme Court Stays Certain Provisions Of Waqf Amendment Act 2025 (September 14, 2025)
Supreme Court’s September 14 Order
On September 14, 2025, the Supreme Court of India delivered a crucial interim order in response to multiple petitions challenging the Waqf Amendment Act, 2025. While the Court has chosen to stay controversial provisions that risk arbitrariness and overreach, it has clarified that the requirement of registration for Waqfs remains fully intact.
Provisions Stayed By The Court
- 5-Year Islam Practice Condition: The clause mandating that an individual must have practised Islam for at least five years before creating a Waqf has been stayed. The Bench observed that the absence of clear guidelines makes this provision vulnerable to misuse and arbitrariness.
- Collector’s Authority Over Disputes: Provisions under Section 3C empowering the Collector or designated officer to decide ownership disputes between government property and Waqf property were also stayed. The Court reasoned that such determinations must be subject to judicial scrutiny, not left to executive discretion.
Restrictions On Non-Muslim Representation
The Court addressed concerns about the inclusion of non-Muslims in Waqf Boards and the Central Waqf Council. While not striking down the amendments outright, the Court imposed interim restrictions:
- No more than four non-Muslims may serve on the Central Waqf Council.
- No more than three non-Muslims may serve on any State Waqf Board.
- Wherever possible, the CEO of a Waqf Board should be a Muslim.
Registration Requirement Continues
Despite arguments from petitioners, the Court upheld the mandatory registration of Waqfs, explaining that this is not a new obligation but a long-standing practice found in earlier Waqf laws (1923, 1954, 1995). However, the Court hinted that deadlines for compliance may be revisited in the future to ensure fairness.
Bench’s Observations
The two-judge Bench, led by Chief Justice B.R. Gavai and Justice A.G. Masih, made it clear that the order is interim and prima facie. The Court highlighted that constitutional principles such as equality, minority rights, and separation of powers must guide the final judgment, which will be delivered after detailed hearings.
Way Forward
The September 14 order underscores the judiciary’s balanced approach—maintaining the operational framework of the Waqf Amendment Act, 2025, while freezing provisions that could undermine constitutional safeguards. As the matter progresses, the debate will likely focus on how to reconcile administrative efficiency with the protection of religious and minority rights.
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Author: Team BTP
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