SC STAYS KEY PROVISIONS OF WAQF AMENDMENT ACT 2025

Refusing to stall entire law, SC limits collector powers, halts five-year Islam rule temporarily, caps non-Muslim representation in Waqf boards

- TDG NETWORK

The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act 2025, but put on hold certain provisions pending the final adjudication of petitions challenging the constitutional validity of the Act.

The court said presumption of constitutionality in its favour.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection.

Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf.

It said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power.

The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property.

It said the Collector cannot be permitted to adjudicate rights of personal citizens, and this will violate the separation of powers.