Apex court refuses to stay Waqf Amendment Act in entirety

The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025 in its entirety, but put on hold certain specific provisions that it felt could lead to arbitrary exercise of power by the government, and are in violation of the principles of separation of power enshrined in the Constitution, with the executive taking upon its self-adjudicatory role which is otherwise reserved for a judicial or quasi-judicial authority.

- PARMOD KUMAR

The court said that there was a presumption of constitutionality in the favour of a statute and the interim relief of staying an enactment can be granted in “rare and exceptional cases” that too where petitioners challenging the law can demonstrate that either the legislature which enacted the law lacks legislative competence or the provisions are ex-facie in violation of the fundamental rights, or constitutional principles or is manifestly arbitrary.

A bench of Chief Justice B.R. Gavai and Justice Augustine George Masih, by an interim order, stayed the operation of two key provisions while upholding the requirement of the registration of Waqfs and the presence of non-Muslims on the Central Waqf Council and the State Waqf Boards.