Published: 3 September 2025Supreme Court of India / LiveLawGovernance
Supreme Court Stays Key Provisions of Waqf (Amendment) Act, 2025
The Supreme Court of India, in a landmark interim order delivered on September 15, 2025 by a bench of Chief Justice B.R. Gavai and Justice A.G. Masih, stayed certain key provisions of the Waqf (Amendment) Act, 2025 while declining to stay the entire statute. The court stayed Section 3(r), which required a waqif (person creating a waqf) to prove they had practised Islam for at least five years, holding it arbitrary since no mechanism existed to objectively determine who qualifies as a 'practising Muslim'. The bench also stayed the provision empowering a government-designated District Collector to adjudicate whether a property had encroached on government land.
The court further directed that the Central Waqf Council and State Waqf Boards must not include more than four and three non-Muslim members respectively, and that Waqf Boards should strive to have a Muslim chairperson. The ruling struck a balance between upholding the parliamentary statute and protecting minority religious property rights, generating significant debate on the constitutional limits of legislative intervention in personal and religious law.
0Mains angle
Q: Examine the Supreme Court's 15 September 2025 interim order on the Waqf (Amendment) Act, 2025 from a constitutional minority-rights perspective.
Answer (50 words):
On 15 September 2025, a bench led by Chief Justice B.R. Gavai stayed Section 3(r), requiring five years Islam practice, and District Collector's encroachment-adjudication power, declining to stay the whole Act. The bench capped non-Muslim members at four in Central Waqf Council and three in State Councils, preserving minority autonomy.
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Frequently asked questions
Which provisions of the Waqf (Amendment) Act, 2025 did the Supreme Court stay?
The court stayed Section 3(r), which required a waqif to prove at least 5 years of practising Islam (held arbitrary), and the provision giving a District Collector power to adjudicate whether waqf properties encroached on government land.
Did the Supreme Court stay the entire Waqf Amendment Act?
No. The bench of CJI B.R. Gavai and Justice A.G. Masih declined to stay the entire statute; only specific provisions were stayed.
What were the court's directives on composition of Waqf Councils?
The court directed that the Central Waqf Council must not have more than 4 non-Muslim members and State Waqf Councils must not have more than 3 non-Muslim members. Waqf Boards should strive to have a Muslim chairperson.
Why was Section 3(r) held arbitrary by the Supreme Court?
The court found it arbitrary because no objective mechanism existed to determine who qualifies as a practising Muslim, making the requirement impossible to satisfy fairly.
What constitutional principle did this ruling reflect?
The ruling balanced the parliamentary power to legislate on waqf with protection of minority religious property rights, reflecting constitutional limits on legislative intervention in personal and religious law.
