Key Highlights:
- Supreme Court refuses to stay entire Waqf Amendment Act 2025 but pauses four critical provisions including 5-year Islam practice requirement
- Court limits non-Muslim representation in Waqf boards to 4 members in Central Council and 3 in State boards
- Government’s power to denotify Waqf properties through collectors temporarily suspended until dispute resolution
Opening Overview
The Supreme Court Waqf Amendment Act 2025 case reached a crucial juncture on September 15, 2025, when Chief Justice BR Gavai delivered a landmark interim order that partially stayed several contentious provisions while refusing to halt the entire legislation. The Supreme Court Waqf Amendment Act 2025 ruling represents a significant moment in the ongoing constitutional challenge to the controversial law that has sparked nationwide debates over religious property rights and government oversight.
The Supreme Court Waqf Amendment Act 2025 decision addressed three primary contentious issues that petitioners had raised, including the power to denotify properties already declared as Waqf, the composition of Waqf boards, and provisions allowing collectors to determine property disputes. This carefully calibrated judicial response reflects the court’s attempt to balance constitutional principles with administrative reforms while the larger constitutional challenge proceeds.
Constitutional Challenge and Legislative Background
Parliamentary Journey and Government Justification
The Supreme Court Waqf Amendment Act 2025 stems from legislation that was passed in Parliament with 288 votes in favor and 232 against in the Lok Sabha, and 128 for and 95 against in the Rajya Sabha. The government defended the Supreme Court Waqf Amendment Act 2025 by arguing it establishes a “secular, transparent and accountable system” for Waqf administration while addressing long-standing issues in property management.
The legislation affects approximately 8.72 lakh Waqf properties covering more than 38 lakh acres across India, with an estimated value of Rs 1.2 lakh crore, making Waqf boards the third-largest landowner in the country. Of these properties, 4.02 lakh are classified as “Waqf by user” properties that gained protection through long-term religious use without formal documentation.
Comprehensive overview of Waqf property statistics in India affected by the Supreme Court’s interim order on the Waqf Amendment Act 2025
Key Legislative Changes Under Challenge
The Supreme Court Waqf Amendment Act 2025 introduced sweeping reforms including the removal of “Waqf by user” provisions, mandatory registration requirements, and enhanced government oversight powers. The Act renamed the original legislation to the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 2025” and established new qualification criteria requiring five years of Islamic practice for property dedication.
Specific Provisions Stayed by Court
Five-Year Islam Practice Requirement Suspended
The Supreme Court Waqf Amendment Act 2025 order specifically stayed the provision requiring a person to demonstrate “practising Islam for at least five years” before creating Waqf properties. Chief Justice Gavai noted this condition “would lead to arbitrary exercise of powers” until state governments frame appropriate rules to determine compliance with this requirement.
The court found that without proper mechanisms to verify this five-year practice requirement, the Supreme Court Waqf Amendment Act 2025 provision could result in discriminatory implementation across different jurisdictions. This stay protects existing religious property dedications while ensuring future regulations include clear verification procedures.
Collector’s Dispute Resolution Powers Limited
A crucial aspect of the Supreme Court Waqf Amendment Act 2025 ruling involved suspending provisions that allowed designated government officers, particularly collectors, to determine property disputes and modify revenue records. The court stated this power violated separation of powers principles by permitting revenue officials to adjudicate complex property rights matters.
Under the stayed provision, the Supreme Court Waqf Amendment Act 2025 had empowered collectors to conduct inquiries and determine whether disputed properties were government land or legitimate Waqf holdings. The court emphasized that “until the title is not decided, neither waqf will be dispossessed of the property” while ensuring no third-party rights are created on disputed lands.
Board Composition and Representation Limits
Non-Muslim Membership Restrictions Imposed
The Supreme Court Waqf Amendment Act 2025 decision imposed specific numerical limits on non-Muslim representation in Waqf governance bodies. The court directed that Central Waqf Council cannot have more than four non-Muslim members, while State Waqf Boards are restricted to maximum three non-Muslim members.
This ruling on the Supreme Court Waqf Amendment Act 2025 represents a compromise between the government’s inclusivity agenda and petitioners’ concerns about maintaining Islamic character of religious institutions. The court noted that “as far as possible, a Muslim person should be appointed” to key executive positions while not completely barring non-Muslim participation.
Sectarian Representation Requirements
The Supreme Court Waqf Amendment Act 2025 provisions mandating representation for different Muslim communities, including Shia, Sunni, Bohra, and Agakhani sects, remained largely intact. The court’s order ensures continued recognition of sectarian diversity within Waqf governance structures while maintaining overall Muslim majority control.
Property Rights and Waqf by User Controversy
Historical Legal Precedent Maintained
Significantly, the Supreme Court Waqf Amendment Act 2025 ruling refused to stay the removal of “Waqf by user” provisions, citing 102 years of registration requirements dating back to the 1923 Waqf Act. The court observed that “if Mutawallis for a period of 102 years could not get the waqf registered, they cannot claim that they be allowed to continue with the waqf even if they are not registered”.
This aspect of the Supreme Court Waqf Amendment Act 2025 decision affects approximately 4.02 lakh properties that gained Waqf status through continuous religious use without formal documentation. The court noted that if the legislature finds that “huge government properties have been encroached upon” through this concept, removing the provision “cannot be said to be arbitrary”.
Government Land Protection Measures
The Supreme Court Waqf Amendment Act 2025 includes provisions preventing any government property from being declared or treated as Waqf property. While staying the collector’s immediate powers, the court maintained that legitimate government land protection measures could continue through proper judicial channels rather than administrative determinations.
Final Perspective
The Supreme Court Waqf Amendment Act 2025 interim order represents a nuanced judicial approach that acknowledges both governmental concerns about property management and community rights over religious institutions. By selectively staying problematic provisions while allowing core reforms to proceed, the court has created space for constitutional dialogue while protecting immediate stakeholder interests.
The Supreme Court Waqf Amendment Act 2025 case will continue as petitioners pursue broader constitutional challenges to the legislation’s validity. This interim relief provides temporary protection for affected communities while ensuring the larger questions of religious autonomy, government oversight, and constitutional secularism receive thorough judicial examination in upcoming hearings.
