The protests against the Waqf Act in Imphal are but one of several being held across the country, with placards and slogans being raised to denounce the act, demanding it be rescinded
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Apart from the issue of denotification, petitioners have raised questions over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members | File photo

Supreme Court stays key provisions in Waqf Amendment Act

Bench led by CJI BR Gavai rules on challenges to the Waqf (Amendment) Act, 2025, regarding property denotification and board composition


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The Supreme Court on Monday (September 15) refused to stay the Waqf (Amendment) Act, 2025, saying there was a “presumption” of constitutionality in its favour, but stalled certain provisions, including the one which said only those who practise Islam for at least the past five years can create a waqf.

Pronouncing an interim order, a bench comprising Chief Justice BR Gavai and Justice Augustine George Masih said, “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.”

The top court, however, stayed the provision which said that only persons practising Islam for the last five years can create a waqf. It also stayed the provision which enabled an official designated by the government to determine the dispute whether the Waqf property has encroached on a government property.

“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14...,” the CJI said.

It directed that as far as possible, the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO.

It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.

The detailed judgement is awaited.

Also read:

Waqf law push may be final nail in coffin for Nitish’s falling Muslim votes

'Waqf by user': What does it mean? Why SC raised concerns over it?

Why the Christians of Munambam feel let down by Centre’s Waqf law

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  • 15 Sept 2025 5:06 PM IST

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  • 15 Sept 2025 3:20 PM IST

    SC order on Waqf Act a good sign for democracy: Kiren Rijiju

    Union minister Kiren Rijiju on Monday (September 15) welcomed the Supreme Court ruling on the Waqf (Amendment) Act 2025, saying it was a very good sign for democracy.

    The Supreme Court has put on hold several key provisions of the Act, including the clause that only those practising Islam for the last five years can dedicate a property as Waqf, but refused to stay the entire law.

    “I believe that whatever the apex court has ruled is a very good sign for our democracy,” the minister said in Mumbai.

    “The provisions in the Act are beneficial to the entire Muslim community,” Rijiju said.

    The misuse, including encroachment of property through Waqf Board, will now be stopped with the new legislation, the minister said.

    “The Supreme Court was aware of the whole issue,” he said.

  • 15 Sept 2025 3:18 PM IST

    SC order addresses 'mischievous intentions' behind the Waqf Act, 2025: Congress

    The Congress on Monday welcomed the Supreme Court order putting on hold several key provisions of the Waqf (Amendment) Act as a win for the constitutional values of justice, equality, and fraternity, and asserted that it goes a long way towards undoing the "mischievous intentions" underlying the original statute.

    Congress general secretary in-charge communications Jairam Ramesh said the Supreme Court’s order on the Waqf (Amendment) Act 2025 represents a substantial victory not just for the parties that opposed this arbitrary law in Parliament but all those members of the Joint Parliamentary Committee who submitted detailed dissent notes which were then ignored but now stand vindicated.

    "The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute," Ramesh said on X.

    Counsels for the opposition parties had argued that the law would result in the creation of a structure where anyone and everyone could challenge the status of the property before the Collector, and the status of the property would be in limbo while in such litigation, he said. Additionally, only a ‘Muslim’ practising for five years could donate to a Waqf, Ramesh said.

    "The intention behind these sections was always apparent -- to keep the voter base inflamed and create an administrative structure to indulge those seeking to foment religious disputes," he alleged.

    "With this order, the Supreme Court has -- stayed the powers of the Collector; protected existing Waqf properties from dubious challenges and; stayed the provision requiring proof of being a Muslim for five years until such times as rules are framed," he said.

    "We welcome this order as a win for the constitutional values of justice, equality, and fraternity," Ramesh added.

    Congress' media and publicity department head Pawan Khera accused the government of making laws without any discussion and said the Supreme Court has to intervene to give relief.

    "This is not happening for the first time, in the last 10-11 years, many such cases have come up where relief was given due to the judiciary. Any government, elected government, elected by the votes of the people, when makes a law without any discussion, without consultation, then this happens," he said.

  • 15 Sept 2025 3:15 PM IST

    Munnambam residents relieved as SC stay on Waqf Act won’t affect their case

    The Munnambam Land Protection Council on Monday expressed relief that the Supreme Court’s partial stay on the Waqf Amendment Act will not affect their case.

    Council members told reporters that since the apex court has not stayed Section 2(a) of the Act, their land dispute remains outside the purview of Waqf provisions.

    Section 2(a) clarifies that the Waqf amended Act does not apply to trusts established by a Muslim for purposes similar to a Waqf.

    The protesters maintain that their land, purchased from Farook College, which is a trust/society, is hence exempt from the Waqf Act.

    “We are relieved that Section 2(a) has not been stayed. Now the government can proceed further to resolve our issues,” Joseph Benny, a member of the council, said.

    The council decided to strengthen the protest so that government would resolve the matter in a speedy manner.

    “Now that the legal uncertainty has been resolved, the state government should speed up its procedures. Additionally, the commission appointed by the government, under the leadership of Justice CN Ramchandran Nair, has also submitted its report,” the council members said.

    Over 600 families in the coastal village of Ernakulam district have been affected by the Waqf Act. Around 404 acres of land in the area is being disputed as Waqf land.

    The residents are conducting a relay protest in Munnambam since last year, which crossed 300 days by now.

    While political parties and the state government have extended their support to protestors, the issue remains unresolved and is currently under consideration by the Waqf Tribunal.

  • 15 Sept 2025 3:12 PM IST

    We welcome whatever decision the Supreme Court takes: Tejashwi Yadav

    On SC's order in the Waqf Amendment Act, RJD leader Tejashwi Yadav says, "The party has also given a petition. We welcome whatever decision the court makes."

  • 15 Sept 2025 3:11 PM IST

    SC addressed key concerns in Waqf Act, says Congress leader Mumtaz Patel

    On SC's order in the Waqf Amendment Act, Congress leader Mumtaz Patel says, "We welcome the observations made by the Supreme Court today... As a Muslim woman, I will definitely say that with time, systems change and should change. It should evolve with changing times. But it is very important to maintain the sanctity of cultural and religious structure. The ruling given by the Supreme Court today, has addressed some of the objections that we had earlier in this Act, such as the arbitrary powers that the Collector was getting, due to which we were worried that there would be more government interference. There should not be more than three non-Muslims on the board, and it should be ensured that the CEO is a Muslim. We welcome all these clauses because it will maintain the structure...I do not deny that there was misuse of these funds or that there was corruption and if we can bring a curb on that, we will welcome it very much. But there was a concern that there would be more government interference and it would be misused..."

  • 15 Sept 2025 3:07 PM IST

    PM Modi will implement SC’s Waqf Act verdict just like Ram Mandir: Mohan Yadav

    On SC's order in the Waqf Amendment Act, Madhya Pradesh CM Mohan Yadav says, "The Supreme Court's decision is in front of everyone. PM Modi has the capability to implement the decision of the Supreme Court, and he has proved it time and again through the decision on Sri Ram Mandir...It is my and my party's policy to respect the Supreme Court and make sure to implement whatever decision the Supreme Court makes."

  • 15 Sept 2025 3:01 PM IST

    SC has made it clear that there is no basis to stay the entire Waqf Act: All India Sufi Sajjadanashin Council

    On SC's order in the Waqf Amendment Act, Syed Naseruddin Chishty, Chairman, All India Sufi Sajjadanashin Council, says, "...Supreme Court has granted interim relief in the petitions challenging a few sections. The Govt's intentions were always clear...There were old matters that people were scared to touch due to vote politics. PM Modi has made every effort to do away with all drawbacks. The Act was introduced in that connection. Entire India knows the corruption in matters of Waqf... SC has made one thing clear today that there is no basis to stay the entire Act...Both sides seem to be satisfied with the interim relief today..."

  • 15 Sept 2025 2:59 PM IST

    SC has raised several pertinent issues that need to be addressed: D Raja

    On the SC order in the Waqf Amendment Act, CPI General Secretary D Raja says,"On behalf of my party, I am one of the petitioners challenging the Waqf Amendment Act..The Supreme Court has raised several pertinent issues that need to be addressed. Unless those issues are addressed and a solution is found, how can legislation be implemented? In a way, it has stayed, unless those objections raised by the SC are addressed. Now, it is for the government to respond, and Parliament will have to address the questions raised by the Supreme Court. The government cannot put this legislation into implementation unless the issues raised by the SC are addressed."

  • 15 Sept 2025 2:57 PM IST

    Stalin welcomes SC order stalling provisions of 2025 Waqf law

    Tamil Nadu Chief Minister M K Stalin on Monday welcomed the Supreme Court interim order stalling key provisions in the 2025 Waqf law, saying it was a major step towards "undoing the unconstitutional and illegal amendments made by the BJP government." The apex court put on hold several key provisions of the Waqf (Amendment) Act, 2025, including the clause that only those practising Islam for the last five years can dedicate a property as Waqf, but refused to stay the entire law.

    "The DMK has consistently opposed these amendments from the time the Bill was introduced in Parliament. After it became an Act, the DMK challenged it in the Supreme Court and succeeded, alongside others. The DMK Government also passed an Assembly resolution urging the Union Government to withdraw the #WaqfAmendment Bill, countering the BJP's attempt to misuse governmental power," Stalin, president of the DMK, said in a post on 'X.' "Today's order strengthens the hope and trust that people place in the Hon'ble Supreme Court to safeguard the religious rights of the Muslim minority community and to uphold the Constitution," he added.

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