New Delhi: The Supreme Court has partially stayed three key provisions of the Waqf (Amendment) Act 2025, while refusing to halt the entire law. A bench led by Chief Justice BR Gavai and Justice AG Masih ruled that certain clauses lacked clear safeguards and could result in arbitrariness.
The court stayed the provision requiring a person to have practised Islam for at least five years before creating a waqf, noting that states had not framed rules to determine eligibility. It also restricted non-Muslim representation on Waqf bodies, directing that the Central Waqf Council cannot have more than four non-Muslim members and urging state boards to follow the same limit. The bench, however, did not block the amendment permitting a non-Muslim to serve as Chief Executive Officer of a Waqf Board, though it said a Muslim appointment should be preferred.
In a significant order on property disputes, the court froze the clause allowing the government to derecognise Waqf land while encroachment disputes are pending. It clarified that disputed property will remain protected until a tribunal or court decides the title. The Waqf Board has also been barred from creating third-party rights during this period.
The Centre had defended the law in a 1,332-page affidavit, arguing that Parliament’s enactments carry a presumption of constitutionality. Muslim organisations, including Jamiat Ulema-e-Hind, welcomed the partial stay but expressed concern over the court’s refusal to halt the entire Act. The group vowed to continue legal efforts to challenge the remaining provisions.
 Act 2025, including the five-year practice rule, restrictions on Waqf land disputes, and limits on non-Muslim representation.){kind=link}