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The bench, led by Chief Justice BR Gavai and Justice AG Masih, determined there was no ground to suspend the entire Waqf Amendment law. Read full details
Supreme Court declined to stay the entire Waqf (Amendment) Act
New Delhi: The Supreme Court on Monday ruled that the Waqf (Amendment) Act, 2025 need not be halted altogether, but acknowledged that a few provisions required temporary restraint while challenges to the law are examined. The court suspended three specific clauses, one of which mandates that only those who have practised Islam for at least five years can dedicate property as Waqf, reports Dynamite News correspondent.
The bench, led by Chief Justice BR Gavai and Justice AG Masih, determined there was no ground to suspend the entire Waqf Amendment law. Instead, only select problematic sections have been stayed.
Supreme Court stays some provisions of the Waqf Act, Board CEO must be a Muslim, there should not be more than 3 non-Muslim members in the 11-member board.#SupremeCourt #waqfamendmentact2025 pic.twitter.com/lIjXJVfytA
— Dynamite News (@DynamiteNews_) September 15, 2025
"We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute," the apex court said during the hearing.
The bench also addressed the composition of Waqf boards, directing that the number of non-Muslims in state Waqf boards and the Central Waqf Council cannot exceed three. As per the court these measures were necessary to protect certain provisions while allowing the bulk of the Act to remain in force.
The court also said that an ex-officio officer must be from Muslim community as far as possible.
Today’s hearing follows the bench’s decision on May 22 to reserve its interim order on the Waqf (Amendment) Act after hearing arguments from both sides over three consecutive days. The petitions filed challenge the constitutionality of the changes made to the Waqf law by amendments passed by Parliament earlier this year.
The Centre on April 8, notified the Waqf (Amendment) Act, 2025, after it got President Droupadi Murmu's approval on April 5. The Act was passed in Parliament with 288 votes in for and 232 against in the Lok Sabha, and 128 for and 95 against in the Rajya Sabha.
Over three weeks later, the Ministry of Minority Affairs filed a preliminary affidavit defending the Act and opposed any "blanket stay" by the court.
The Waqf (Amendment) Act, 2025, which modifies the Waqf Act, 1995, aims to prevent misuse of waqf provisions that have allegedly been exploited to encroach on private and government properties. Petitions challenging the amendment argue that it interferes with religious rights. Also welcoming the verdict, Syed Qasim Rasool Ilyas, member of the All India Muslim Personal Law Board, noted that many of the points raised by the petitioners were accepted by the Supreme Court.
