The Supreme Court has refused to stay the Waqf law but put on hold certain provisions of the Waqf Amendment Act, 2025. The clause requiring a person to be a practising Muslim for five years before dedicating property as Waqf has been stayed.
The top court ruled that this clause will remain suspended until State Governments frame rules to determine such conditions. Pronouncing an interim order, A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, it has considered a prima facie challenge to each of the sections and found no case was made out to stay the entire statute.
The provision allowing a government-designated officer to decide disputes on whether Waqf property encroaches on government land has also been stayed, with the court observing that executive officers cannot adjudicate citizens’ rights, as this will violate separation of powers. The court also restricted the creation of third-party rights over such disputed properties until tribunals decide the matter.
The Court has also addressed the provision on the inclusion of non-Muslims in waqf bodies. The provision allowing the nomination of non-Muslim members to the Waqf Boards has not been stayed. However, the Court observed that, as far as possible, the ex officio member of the Board, should be a Muslim person.
The Court observed that for the Central Waqf Council, it shall not consist of more than 4 non-muslim members, and for State Waqf Board, not more than 3 non-Muslim members. The Court has clarified that its observations are only prima facie in nature and will not prevent parties from making further submissions challenging the validity of the Act.
