The Supreme Court on Monday stayed two provisions in the Waqf (Amendment) Act, 2025, that allowed a government-designated officer to decide whether a waqf property had encroached on government land and a clause that required a waqf member to be a practicing Muslim for five years.

 A bench led by Chief Justice BR Gavai and Justice Augustine George Masih stated that after examining the challenges to various sections of the law, there was no basis to stay the entire legislation. “We have considered the prima facie challenge to each section and found no case was made out to stay the whole statute,” the bench observed in its interim order. However, the court temporarily set aside certain contentious provisions of the statute while reserving its final judgement.

Three issues before the court

While the entire Act had been challenged, the primary objections centred on provisions Section 3(r) (five-year practice requirement), certain parts of Section 3C (powers of government officers), and Section 14 (composition of waqf boards). The three key issues were:

1.     Power to de-notify waqf properties: Whether the government can de-notify properties already declared as waqf by courts, waqf-by-user, or waqf-by-deed.

2.     Composition of waqf boards and the Central Waqf Council: Whether only Muslims (except ex-officio members) should be allowed to operate these bodies, as argued by the petitioners.

3.     Inquiry by government officers into waqf properties: Whether a government-designated officer, (such as the Collector), can decide disputes on whether a waqf property is actually government land or not. 

On May 22, the top court had reserved interim orders on these issues before delivering its ruling on Monday.

The bench stayed the clause requiring that only those who have practised Islam for at least five years may establish a waqf. It also set aside, for now, the provision empowering a Collector to decide disputes over waqf property.

CJI Gavai said, "Collector cannot be permitted to adjudicate rights of personal citizens and this will violate separation of powers. Till adjudication happens by the tribunal, no third party rights can be created against any parties. The provision dealing with such powers to collector shall remain stayed."

The court also clarified that “not more than three non-Muslim members in the waqf board and in total not more than four non-Muslim members” would be permitted.

However, the court declined to stay the amendment allowing the appointment of a non-Muslim as chief executive officer (CEO) of a waqf board. The bench noted that, wherever possible, the post should continue to be held by a Muslim, though it was not legally mandatory.

The Waqf (Amendment) Act, 2025, passed by Parliament in early April and notified on April 8, has faced a series of legal challenges since its enactment.