The Supreme Court on Monday refused to stay the entire Waqf Amendment Act, 2025, but suspended certain contentious provisions. The bench of Chief Justice B R Gavai and Justice Augustine George Masih struck down the clause requiring a person to practise Islam for five years before creating a waqf and stayed provisions empowering collectors to decide if waqf property belonged to the government, calling it a breach of separation of powers.
The court also clarified that ex-officio officers of waqf boards should, as far as possible, be Muslims, and limited the number of non-Muslim members to four in the Central Waqf Council and three in state boards.
While stressing that Parliament’s laws carry a presumption of validity and can only be stayed in exceptional cases, the court noted that some sections required protection. The order followed petitions claiming the law discriminated against Muslims, countered by the Centre’s argument that the amendments regulate property management, not religion, and prevent misuse.
The Union government defended the statute as a lawful exercise of legislative power, noting the surge in waqf land registrations and arguing that the amendments align with long-standing practices. The matter will continue to be heard on the constitutional validity of the Act.