The Supreme Court on Monday refused to ban the entire Waqf (Amendment) Act 2025, but stopped some provisions till the final decision was taken on the petitions challenging the constitutional validity of the Act.
Chief Justice of India BR A bench of Gawai and Justice Augustine George Christ said that some sections of the amended Act require protection.
Passing the interim order, the bench stopped the provision of the Act according to which a person should be a follower of Islam for five years to create a Waqf.
The bench said that this provision will be postponed until the rules to determine whether a person is a follower of Islam or not. The bench said that without any such rules or system, this provision will promote arbitrary use of power.
The Supreme Court also stayed the provision that allowed the collector to decide whether the Waqf property had encroached on government property.
It said that the collector cannot be allowed to take decisions on the personal rights of the citizens and this will violate the separation of the powers.
The apex court said that until the decision is made by the tribunal, no third party rights can be created against any party and the collector will be banned on the provision related to such powers.
The Supreme Court also said that more than three non-Muslim members would not be included in the State Waqf Board, and the Central Waqf Councils will not be included in total more than four non-Muslim members in total. The court also said that as far as possible, the CEO of the board should be a Muslim.
However, the court did not interfere with the provision that makes registration compulsory, as it is not a new requirement, as this condition was also in the previous Acts of 1995 and 2013.
The apex court passed an interim order on several petitions challenging the constitutional validity of the Waqf Act.
During the hearing, the Center argued in favor of the provision preventing non-Muslims from making waqf.
It said that non-Muslims were given such rights only in the 2013 amendment, but in the 1923 law they were not allowed to make Waqf, as it was concerned that it could be used as a tool to cheat creditors.
It also defended the condition of five years of practice for the construction of Waqf. Several petitions challenging the Act were filed in the Supreme Court, stating that it is discriminated against the Muslim community and violates their fundamental rights.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi, Congress MP Mohammad Javed and Imran Pratapgadhi, AAP MLA Amanatullah Khan, MP and Azad Samaj Party President Chandrashekhar Azad, Samajwadi Party MP from Sambhal Zia Ur Rehman Burke, Rajya Sabha MP Manoj Jha and DMK (DMK) Through the king, Maulana Arshad Madni, president of the Islamic religious leaders, Jamiat Ulema-e-Hind, the organization of Kerala Sunni scholars, all Kerala Jamiatul Ulema, Social Democratic Party of India, Indian Union Muslim League and NGO Association for Protection of Civil Rights, All India Muslim Personal Law Board (AIMPLI), were held.
He strongly objected to the amendments passed by Parliament, saying that they are “arbitrary, discriminated and boycott”. Six states ruled by the Bharatiya Janata Party also approached the Supreme Court in support of the amendment.
The Lok Sabha passed the Waqf (Amendment) Act on 3 April, while the Rajya Sabha approved it on 4 April. President Draupadi Murmu gave his approval on the Waqf (Amendment) Bill, 2025 on 5 April, which was first passed after a hot debate in both houses of Parliament.
