Supreme Court's Interim Order on Waqf (Amendment) Act, 2025

On September 15, 2025, the Supreme Court of India issued an interim order regarding the Waqf (Amendment) Act, 2025, introduced as a revision of the Waqf Act of 1995. The court declined to suspend the entire act but stayed certain contentious provisions pending further judicial scrutiny. The order was delivered by a Bench led by Chief Justice of India B.R. Gavai and Justice A.G. Masih.

Key Contentious Provisions Stayed

• The enforcement of provisions granting District Collectors the authority to unilaterally decide the ownership of waqf properties was suspended.
• The clause allowing only lawful property owners practicing Islam for at least five years to create waqf was stayed.
• A cap was placed on the number of non-Muslims appointed to the Central Waqf Council and State Waqf Boards.

Arguments Against the 2025 Act

• Petitioners argued that the act infringes on the Muslim community's fundamental right to manage its own religious affairs under Article 26 of the Indian Constitution.
• They contended that requiring a person to practice Islam for five years before creating a waqf is arbitrary and discriminatory.
• The inclusion of non-Muslims in Waqf Boards and councils was seen as a violation of the minority community's rights under Article 30.

Government's Defense

• The amendments were presented as reforms to promote transparency and improve management accountability for waqf properties.
• Centralized registration and vesting inquiry powers in District Collectors were argued to reduce litigation.
• The inclusion of non-Muslims was positioned as a move towards inclusivity and oversight.

Court's Observations and Directions

• The court upheld the presumption of constitutionality but highlighted potential property rights consequences and minority protection weakening.
• Section 3C, empowering District Collectors to alter waqf property status, was suspended.
• Waqf properties will not be dispossessed during proceedings, and mutawallis cannot create third-party rights in disputed properties.
• The condition of a five-year Islamic practice was not struck down but suspended until procedural mechanisms are established.

Additional Court Decisions

• The court allowed some provisions to stay, citing the necessity for curbing waqf endowment mismanagement.
• The removal of the "waqf by user" doctrine was upheld as the court noted its misuse in claiming government lands.
• Registration of waqf properties on a central digital portal was deemed essential for transparency.
• Application of the Limitation Act, 1963, to waqf properties was not stayed.