Supreme Court declined to stay the Waqf Act in entirety, says certain provisions may require interim protection
During the hearing, the bench headed by Chief Justice of India BR Gavai said that while the entire act was challenged, the basic challenge was to sections 3(r), 3C, and 14.
- Sep 15, 2025,
- Updated Sep 15, 2025 11:15 AM IST
The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025 in its entirety, stating that no case had been made out for such a sweeping order. However, the court noted that certain provisions may require interim protection.
The bench headed by Chief Justice of India BR Gavai said it had examined the legislative history from the 1923 Act and considered prima facie challenges to each section. After hearing the parties, the court found that a stay on the entire statute was not justified. However, it granted a stay on the sections that were under challenge.
"We have found that the entire act is challenged, but basic challenge was sections 3(r), 3C, 14. We have gone to legislative history from the 1923 Act and considered prima facie challenge to each section and hearing parties were not made out for entire statute. But sections which are under challenge, we have granted stay," the court said.
The court put on hold the provision requiring a person to have been practicing Islam for five years to create a Waqf. This provision will remain stayed until rules are framed to determine whether a person is a practitioner of Islam.
Additionally, the Supreme Court stayed a provision that empowered a Collector to determine whether a property declared as Waqf is government property and to pass orders. The court said that a Collector cannot be permitted to adjudicate the rights of personal citizens, as this would violate the separation of powers.
The Chief Justice-led bench also stated that the provision allowing not more than three non-Muslim members in the Waqf Board, and a total of not more than four non-Muslims in the Waqf Councils, should be maintained for the time being.
The petitions filed challenge the constitutionality of the changes made to the Waqf law by amendments passed by Parliament earlier this year.
The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025 in its entirety, stating that no case had been made out for such a sweeping order. However, the court noted that certain provisions may require interim protection.
The bench headed by Chief Justice of India BR Gavai said it had examined the legislative history from the 1923 Act and considered prima facie challenges to each section. After hearing the parties, the court found that a stay on the entire statute was not justified. However, it granted a stay on the sections that were under challenge.
"We have found that the entire act is challenged, but basic challenge was sections 3(r), 3C, 14. We have gone to legislative history from the 1923 Act and considered prima facie challenge to each section and hearing parties were not made out for entire statute. But sections which are under challenge, we have granted stay," the court said.
The court put on hold the provision requiring a person to have been practicing Islam for five years to create a Waqf. This provision will remain stayed until rules are framed to determine whether a person is a practitioner of Islam.
Additionally, the Supreme Court stayed a provision that empowered a Collector to determine whether a property declared as Waqf is government property and to pass orders. The court said that a Collector cannot be permitted to adjudicate the rights of personal citizens, as this would violate the separation of powers.
The Chief Justice-led bench also stated that the provision allowing not more than three non-Muslim members in the Waqf Board, and a total of not more than four non-Muslims in the Waqf Councils, should be maintained for the time being.
The petitions filed challenge the constitutionality of the changes made to the Waqf law by amendments passed by Parliament earlier this year.