On 15 September 2025, the Supreme Court has declined to suspend the implementation of the Waqf (Amendment) Act, 2025, including its provision requiring Waqf properties to be registered by users. However, the Court temporarily halted the enforcement of a clause that mandates an individual to have practiced Islam for at least five years in order to create a Waqf, pending the formulation of relevant state-level rules.
A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih stated that after examining the legislative evolution of the Waqf laws from the 1923 Act to the present and reviewing the legal arguments, it found no justification to suspend the entire legislation. Nevertheless, it acknowledged that certain contested provisions warrant interim safeguards.
Reading out the interim ruling, CJI Gavai noted that the registration requirement had existed from 1995 to 2013, and its reintroduction does not represent a novel change.
The Court put a hold on Section 3(1)(r), which requires that only those who have been practicing Muslims for five years can create a Waqf. The bench explained that until state governments establish a clear mechanism to verify this requirement, the provision could result in arbitrary decisions.
Additionally, the Court stayed a provision that allowed a government-appointed officer to report whether a Waqf property had encroached upon state land. Based on such a report, the government could previously direct the Waqf Board to amend property records. The bench found this clause problematic, stating that allowing the executive to determine property rights violates the principle of separation of powers. It emphasized that unless such findings are finalized through due legal process, neither possession nor rights over the property should be altered, and no third-party claims can be established.
While the Court did not stop the provision allowing non-Muslims to be nominated to Waqf Boards, it clarified the limits: a maximum of four non-Muslim members in a 20-member board, and no more than three in an 11-member state board.
(With inputs from Indian Express)
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