The Supreme Court of India, on Monday, September 15, 2025, declined to impose a complete stay on the Waqf (Amendment) Act, 2025, while indicating that certain key provisions of the legislation would be temporarily suspended. The court emphasized the principle that laws enacted by Parliament are presumed to be constitutional, and a stay is typically granted only in exceptional circumstances. A bench led by Chief Justice of India B.R. Gavai and Justice Augustine George Masih made these observations, stating that the current case did not warrant a full stay of the statute.
This significant ruling came after a series of hearings on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Over 100 petitioners had described the Act as a “creeping acquisition” of Muslim properties, while the government defended it as a necessary measure to counter “rampant encroachment” on public and private properties. The Act, which received presidential assent on April 5, 2025, and came into force on April 8, 2025, introduced several contentious amendments to the Waqf Act, 1995.
Background to the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, was introduced with the stated aim of improving the administration and management of Waqf properties in India. It sought to repeal the Mussalman Wakf Act, 1923, and amend the Waqf Act, 1995, renaming it the United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act). Key objectives of the amendment included enhancing transparency, strengthening management, ensuring gender equality by mandating representation of Muslim women on Waqf councils, and promoting sectarian inclusivity by requiring representation from various Muslim sects.
However, the amendments also introduced several controversial changes, including the abolition of the “Waqf by user” concept, which previously allowed properties to be recognized as Waqf based on long-term religious use, even without formal registration. The Act also proposed stricter rules for dedicating property to Waqf, requiring individuals to demonstrate they had been practicing Islam for at least five years, and expanded the government’s involvement in managing Waqf assets and resolving disputes. These changes triggered widespread protests and legal challenges, with petitioners arguing they infringed upon the fundamental rights of the Muslim community to manage their religious affairs.
Key Provisions Stayed by the Supreme Court
While refusing a complete stay, the Supreme Court did put on hold several significant provisions of the Waqf (Amendment) Act, 2025, providing interim relief to the petitioners.
One of the key provisions stayed is the clause requiring individuals to be practicing Muslims for at least five years before dedicating property to Waqf. The court noted that no proper mechanism currently exists to determine compliance with this rule, and its implementation is stayed until state governments frame the necessary rules. The court, however, prima facie found the provision to be rational and not arbitrary, linking it to historical concerns about misuse of Waqf laws to defeat creditors.
Furthermore, the court stayed provisions that empowered a designated government officer or collector to determine whether a property claimed as Waqf was actually government property. The bench observed that an executive officer cannot adjudicate the rights of citizens, as this would violate the principle of separation of powers. The determination of Waqf status by a government official will now be subject to orders of jurisdictional High Courts, and no third-party rights will be created in disputed properties until tribunals decide the matter.
The court also made observations and recommendations regarding the composition of the Central Waqf Council and State Waqf Boards. While the provision allowing non-Muslims to be members was not stayed, the court directed that the Central Waqf Council should not have more than four non-Muslim members, and State Waqf Boards should not exceed three non-Muslim members.
Provisions Not Stayed
The Supreme Court did not stay the mandatory registration requirement for Waqf properties, noting that such registration has been a part of the legal framework for over a century, dating back to the Mussalman Waqf Act of 1923. The court also did not interfere with the abolition of the “Waqf by user” concept for future Waqf properties, acknowledging the government’s argument that this concept was being misused to encroach upon government lands. The court found no prima facie case to stay the prospective abolition of this concept.
Implications and Future Outlook
The Supreme Court’s decision not to grant a complete stay on the Waqf (Amendment) Act, 2025, signifies that the law, in principle, remains valid, with the presumption of constitutionality upholding legislative enactments. However, the stay on specific provisions addresses critical concerns raised by petitioners regarding potential arbitrary exercises of power and violations of citizens’ rights.
The decision is being viewed with cautious optimism by various Muslim bodies, who consider the interim relief a victory for constitutional principles. They continue to advocate for the complete repeal of the Act, arguing that certain other provisions remain problematic and could undermine the rights of the Muslim community to manage their religious affairs.
The ongoing legal battle before the Supreme Court will determine the final fate of the challenged provisions and could reshape the legal framework governing Waqf properties in India. The court’s observations and interim orders provide a critical balance, upholding the legislature’s power while safeguarding fundamental rights pending a final adjudication. This current situation highlights the ongoing trending legal discourse surrounding religious trusts and minority rights in India. This news underscores the judiciary’s role in interpreting and balancing legislative intent with constitutional safeguards.
