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
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.
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