The Supreme Court on Monday in an interim order regulated the power of district collectors, the non-Muslim representation in the wafq boards, but supported “wafq by user” deletion in the Waqf (Amendment) Act of 2025.
The bench consisted of Chief Justice of India B R Gavai and Justice Augustine Masih. The clause, including that only a person who has practised Islam for more than five years can dedicate property to the wafq board, has been stayed.
Till the time the state government releases rules, this clause has been suspended. The bench undertook a prima facie examination of each provision and decided that no sufficient grounds existed to suspend the operation of the statute in its entirety.
The clause empowering a government-appointed officer to determine whether Waqf property encroaches upon government land has been put on hold. The court held that permitting executive officials to decide questions affecting citizens’ rights would breach the doctrine of separation of powers.
The court further barred the creation of any third-party rights over these disputed properties until the tribunals deliver their decisions. The provision permitting the inclusion of non-Muslims in Waqf Boards has been stayed. The court noted that the ex officio member of the Board ought to be a Muslim.
The Court stated that the Central Waqf Council may include no more than four non-Muslim members, while a State Waqf Board may have no more than three. It further clarified that these observations are only prima facie and will not bar the parties from presenting additional arguments challenging the Act’s validity.
Union Minister Kiren Rijiju positively welcomed the SC judgement on the Waqf Amendment Act,” I welcome the order passed by the Supreme Court today after a full hearing on the Waqf Amendment Act. The Supreme Court knows the entire subject. ”
Congress president Mallikarjun Kharge praised the Supreme Court’s resolve “to protect the rights of minorities”, and accused the BJP of pushing a “divisive law, designed solely to inflame communal passions.”
Senior Congress leaders Jairam Ramesh and Syed Naseer Hussain argued that the order vindicated their long-standing objections, noting it protected existing waqf properties from “dubious challenges” and struck a balance between reform and representation.
BJP leader Mukhtar Abbas Naqvi on Monday defended the controversial amendments to the Waqf Act, describing them as a “historic reform” in the management of waqf properties. He criticised the Opposition for what he characterised as a communal attack on constitutionally driven reforms.
Prominent Muslim organisations on Monday welcomed the Supreme Court’s decision to stay several key provisions of the Waqf (Amendment) Act, 2025, expressing hope that “complete justice” would be served when the final verdict is delivered.
Both the All India Muslim Personal Law Board (AIMPLB) and the All India Shia Personal Law Board (AISPLB) hailed the order as a positive development, though the AIMPLB noted that it had expected the court to suspend the entire statute rather than only select provisions.
Maharashtra Congress leader Naseem Khan described the Supreme Court’s interim order staying several provisions of the Waqf (Amendment) Act, 2025, as a “slap on the arrogance” of the BJP-led Union government.
AIMIM president Asaduddin Owaisi on Monday noted that the Supreme Court has issued only an interim order on the Waqf (Amendment) Act, 2025, and expressed hope that the court would soon deliver its verdict on the legislation in its entirety.
“The Act’s final validity has not been determined yet. This is only an interim order. We hope the court decides the matter in full at the earliest,” he told reporters.
