The Supreme Court of India on Monday stayed two significant provisions of the Waqf (Amendment) Act, 2025, while making it clear that the entire law can be stayed only in “rarest of rare” circumstances. The court’s decision comes in response to petitions challenging the constitutional validity of the Act.
The first provision stayed by the court requires that a person must be a practitioner of Islam for at least five years to create a Waqf. The bench clarified that this provision will remain on hold until state governments frame rules to determine whether a person meets this requirement.
The second provision that was stayed relates to the powers given to district collectors to decide whether a property belongs to a Waqf or is government-owned. The court directed that any report by a collector declaring a valid Waqf property will not result in a change of title unless approved by a high court. Furthermore, during the pendency of this adjudication, the Waqf Board cannot create third-party rights over the disputed property.
While the court put these provisions on hold, it refused to stay the entire Act, emphasizing that only specific sections needed protection. “We have considered prima facie challenges to each of the sections and found no case was made out to stay the entire statute… We have held that the presumption is always in favour of the constitutionality of the statute,” the court remarked.
The Waqf (Amendment) Act, 2025 was introduced in the Lok Sabha on April 2 and passed the same day with 288 MPs in favour and 232 against. It was subsequently cleared in the Rajya Sabha after a 14-hour debate, with 128 votes in favour and 95 against.
The court’s intervention highlights concerns about the potential impact of these provisions on the management and governance of Waqf properties while ensuring that disputes are resolved through proper judicial processes. The stay order aims to prevent abrupt changes in ownership or governance pending a thorough review of the constitutional issues raised by the petitioners.
