Published: 14 September 2025SCC OnlinePolitics
Supreme Court Stays Key Provisions of Waqf (Amendment) Act, 2025
The Supreme Court, in a landmark interim order on September 15, 2025, stayed key provisions of The Waqf (Amendment) Act, 2025, while declining to stay the Act in its entirety. A division bench of CJI BR Gavai and Justice AG Masih ruled on the petitions challenging the Act's constitutionality.
The Court stayed the '5-year practising Muslim' requirement for waqf creation, prohibited dispossession of waqf property until the Waqf Tribunal's final decision, and capped non-Muslim members to 4 of 22 in the Central Waqf Council and 3 of 11 in Waqf Boards. No changes to revenue records or third-party rights creation were allowed during inquiry under Section 3C.
Mains angle
Q: Analyse the Supreme Court's interim order staying key provisions of the Waqf (Amendment) Act 2025 and its constitutional implications. Answer (50 words): On September 15, 2025, a Supreme Court division bench led by CJI BR Gavai and Justice AG Masih stayed the five-year practising Muslim requirement and dispossession until Tribunal decision. It capped non-Muslim members to four of twenty-two in the Central Waqf Council and three of eleven in Boards.
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Frequently asked questions
What did the Supreme Court stay in the Waqf (Amendment) Act 2025?
**Supreme Court stayed key provisions of The Waqf (Amendment) Act, 2025, while declining to stay the Act in its entirety**. The Supreme Court **stayed key provisions** of the Waqf (Amendment) Act 2025, pending further judicial examination.
What changes did the Waqf (Amendment) Act 2025 propose?
**Division bench of CJI BR Gavai and Justice AG Masih ruled on petitions challenging the Act's constitutionality**. The Act proposed changes to waqf property management, board composition, and dispute resolution mechanisms.
Why did the Supreme Court stay the Waqf Amendment Act provisions?
**Court stayed the 5-year practising Muslim requirement for waqf creation and prohibited dispossession of waqf property until Waqf Tribunal's final decision**. Petitioners argued the amendments violate minority constitutional rights and religious endowment autonomy.
What is a Waqf and what is its significance in Islamic law?
**A Waqf is a religious endowment under Islamic law** where property is dedicated for charitable or religious purposes. **Non-Muslim members capped at 4 of 22 in Central Waqf Council and 3 of 11 in Waqf Boards**.
How many waqf properties are registered in India?
**India has over 8 lakh registered waqf properties**, making the Waqf Board one of the country's largest landholders. **No changes to revenue records or third-party rights creation allowed during inquiry under Section 3C**.
