The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025 in its entirety but suspended some of its contentious provisions. The bench led by Chief Justice of India Bhushan R Gavai, with Justice AG Masih, ruled that the requirement of being a practising Muslim for at least five years to create waqf will remain suspended until state governments frame rules to determine adherence to Islam.
The court also put on hold provisions empowering district collectors to decide ownership of properties claimed as waqf. It clarified that such disputes must be adjudicated by waqf tribunals and high courts, and until then, no third-party rights can be created over disputed lands. However, the mandatory registration of waqf properties on the UMEED digital portal was upheld.
The bench directed that the Central Waqf Council should not include more than four non-Muslim members, while state waqf boards should limit non-Muslim representation to three. It also suggested that waqf board CEOs should preferably be Muslims, though the law does not make this mandatory.
Delivering the verdict, the court stressed that legislation carries a presumption of constitutionality but noted the need for safeguards, leading to the suspension of certain provisions.
The petitions challenging the Act argued that shifting the burden of registration to custodians penalises the community for the state&rsquo;s failure since 1954 to conduct surveys. Critics also opposed the five-year practice clause and restrictions on creating waqf on tribal land. Senior lawyers argued that the Act undermines Muslims&rsquo; constitutional rights under Article 26.
Defending the amendments, Solicitor General Tushar Mehta said they were designed to ensure transparency, accountability, and protection against misuse. Supporters also cited cases where large tracts of land had been wrongly claimed as waqf.
The judgment followed petitions heard in May, with the court reserving its verdict on May 22. While the core structure of the Act stands, its implementation will now proceed with significant judicial safeguards.

Supreme Court halts key Waqf Act provisions, seeks safeguards while upholding core reforms

SC Partly Stays Waqf Amendment Act, 2025

Supreme Court halts key Waqf Act provisions, seeks safeguards while upholding core reforms

September 15, 2025 | 11:55 IST