New Delhi: The Supreme Court of India has temporarily suspended the operation of several controversial sections of the recently enacted Waqf (Amendment) Act, 2025, following concerns raised over constitutional validity and procedural fairness.
A bench led by Chief Justice BR Gavai and Justice AG Masih issued the interim order after reviewing petitions challenging the new law, which governs the management and administration of waqf properties across the country.
Religious Qualification for Creating Waqf Put on Hold
One of the key provisions paused by the Court is the requirement under Section 3(1)(r), which stipulates that an individual must have been a practitioner of Islam for at least five years to establish a waqf. The bench observed that such a condition cannot be enforced in the absence of clear rules from state governments outlining how this criterion would be assessed.
Until those rules are framed, the enforcement of this clause will remain suspended.
Executive Officer’s Authority Curtailed
The Court also objected to the provision that grants power to a government-appointed officer to resolve disputes over whether a waqf property encroaches upon government land. The judges emphasized that such authority cannot be vested in the executive, as it interferes with the role of the judiciary.
They noted that only judicial or quasi-judicial bodies have the competence to make determinations affecting individual property rights. The bench also ruled that, while the dispute remains pending before a tribunal, no new third-party claims can be made regarding the properties in question.
Non-Muslim Members on Waqf Boards Permitted, With Guidelines
The bench allowed the continuation of the clause that permits non-Muslim individuals to serve on Waqf Boards. However, it issued a cautionary recommendation: wherever feasible, ex-officio members should be selected from the Muslim community to preserve the religious character of the institution.
Further, the Court recommended that the Central Waqf Council should not have more than four non-Muslim members, while State Waqf Boards should limit such appointments to a maximum of three.
Registration Clause Remains Intact
The provision mandating the registration of waqf properties was upheld, with the Court noting that this is not a new obligation. Similar registration requirements existed in previous laws from 1995 and 2013. That said, the Court has granted an extension on the deadlines for registration. Specific timelines will be clarified once the detailed judgment is officially released.
