SC Stays Certain Provisions Of Waqf Amendment Act; 5-Yrs Islam Practice Condition On Hold

Supreme Court of India

The Supreme Court on Monday declined to suspend the entire Waqf (Amendment) Act, 2025, but temporarily blocked some of its most debated provisions.

The move came after multiple challenges questioned the constitutionality and practicality of the recent amendments.

5-Year Muslim Practice Rule Put On Hold

One of the most contentious provisions required that a person must have been a practising Muslim for at least five years to create a Waqf. The bench stayed this clause, observing that there is currently no legal mechanism to verify whether someone has followed Islam for the specified period. The restriction will remain suspended until the government frames proper rules on the matter.

The court also placed limits on non-Muslim representation in Waqf Boards. It ruled that not more than 3 non-Muslims can serve on the board, and the overall strength of non-Muslim members cannot exceed four. This cap will remain in effect until further review.

Collectors Stripped Of Powers Over Waqf Properties

Another major relief came against provisions that empowered district collectors to decide whether a property declared as Waqf belonged to the government. Chief Justice of India Justice B.R. Gavai remarked:

“Collectors can’t be permitted to adjudicate rights of personal citizens and this will violate separation of powers.”

The bench further clarified, “Till adjudication happens by the tribunal, no third-party rights can be created against any parties. The provision dealing with such powers to collector shall remain stayed.”

Advocate Anas Tanweer, who challenged the amendments, welcomed the interim order. “The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years… As far as non-Muslim members are concerned, the court has said that in the Waqf Board, it cannot be more than 3 and not more than 4 in Section 9,” he said.

Political Response

Congress MP Imran Pratapgarhi hailed the decision as a safeguard against misuse. “This is a really good decision. The Supreme Court has reined in the conspiracy and intentions of the Government. People who donate their land were fearful that the government would attempt to grab their land. This is a relief to them… How will the Govt decide who has been a practising Muslim for 5 years? This is a matter of faith… We will continue the fight,” he remarked.

Background

President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, on April 5, after heated discussions in both Houses of Parliament.

The Centre had opposed any stay on the law, arguing that courts generally avoid halting statutory provisions at the interim stage. In its affidavit, the government insisted the amendments merely regulate secular management of Waqf properties and do not infringe upon religious freedoms under Articles 25 and 26 of the Constitution.

Solicitor General Tushar Mehta highlighted that historically, non-Muslims were barred from creating Waqfs. “Only in the 2013 amendment, non-Muslims were given such rights, but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors,” he said.