Table of Contents
Waqf Amendment Act 2025
Waqf Amendment Act 2025
Date of Order: 15 September 2025
Bench: Chief Justice of India B.R. Gavai and Justice A.G. Masih
Supreme Court Partially Stays Waqf Amendment Act 2025 The Supreme Court of India has issued an interim order that strikes a balance between protecting the religious character of waqf properties and ensuring accountability in their management. Several controversial provisions of the Waqf (Amendment) Act, 2025 have been stayed, while others remain in force.
Supreme Court Partially Stays Key Provisions of the Waqf (Amendment) Act, 2025
1️⃣ Background of the Amendment
The Waqf (Amendment) Act, 2025—renamed the Integrated Waqf Management, Empowerment, Efficiency and Development Act—sought to overhaul the Waqf Act of 1995 by introducing:
- Mandatory digital registration and GIS mapping of all waqf properties.
- Provision for non-Muslim and women members in the Central Waqf Council and State Waqf Boards.
- Power for a government-nominated officer to decide whether waqf land overlaps with government property.
- A clause requiring a person to have practised Islam for five years before creating a waqf.
These changes triggered petitions from multiple organisations and political leaders—including AIMIM MP Asaduddin Owaisi, the All India Muslim Personal Law Board, and others—who argued that the amendments violated Articles 25 and 26 of the Constitution, which protect the freedom to manage religious affairs.
2️⃣ Key Supreme Court Directions
| Provision | Court’s Interim Decision | Reasoning |
|---|---|---|
| Five-Year Muslim Practice Clause (Section 3(1)(r)) | Stayed until states frame clear rules defining how the requirement will be assessed. | Prevents arbitrary interpretation and protects individual rights. |
| Collector’s Power to Decide Encroachment | Stayed. | The bench held that an executive officer cannot adjudicate citizens’ property rights. |
| Non-Muslim Representation on Waqf Boards | Allowed with limits. Central Waqf Council: max 4 non-Muslim members; each State Board: max 3 non-Muslim members. Ex-officio members should be Muslim “as far as possible.” | Encourages wider oversight while preserving the religious character of the boards. |
| Mandatory Registration of Waqf Properties | Upheld. Deadline extended; exact date to be notified after the full judgment is uploaded. | Registration has existed in previous Acts (1995 & 2013) and aids transparency. |
3️⃣ Significance of the Ruling
- Religious Autonomy Protected: The stay on the five-year practice clause and executive adjudication safeguards Muslim community rights.
- Checks and Balances: Limited non-Muslim membership balances inclusivity with religious representation.
- Administrative Clarity: Extended registration deadlines ease the transition for thousands of waqf properties.
WaqfAmendmentAct2025, #SupremeCourtOfIndia, #ReligiousFreedom, #WaqfBoard, #IndianLaw, #Judiciary, #ConstitutionOfIndia, #LegalNews
4️⃣ Next Steps
The matter will return to a larger bench for a full constitutional hearing. Meanwhile, states must draft clear rules for the five-year practice clause, and the Centre will issue a final timeline for property registration.
