Case:- IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)
Citation:- 2025 INSC 1116
Date:- 15.09.2025
Supreme Court Bench:- CHIEF JUSTICE B.R. GAVAI & JUSTICE AUGUSTINE GEORGE MASIH
The Hon’ble Supreme Court stayed certain provisions of the Waqf (Amendment) Act 2025, while observing that several other provisions did not require any interference at the interim stage.
- The Hon’ble Supreme Court stayed certain provisions of the Waqf (Amendment) Act 2025, while observing that several other provisions did not require any interference at the interim stage.
- The Hon’ble Court stayed the condition that a person must be a Muslim practitioner for 5 years, as there is no mechanism yet to check this, which could lead to arbitrariness.
- The Hon’ble Court stopped the government from derecognising Waqf land while an encroachment dispute is pending. It held that only Tribunals or Courts can decide such disputes, not government officers. Till the dispute is decided, the land will remain protected and No third-party rights (like sale or transfer) can be created on such land meanwhile.
- Now, the Central Waqf Council would have the Maximum 4 non-Muslim members and the State Waqf Boards would have Maximum 3 non-Muslim members.
- The Hon’ble Court did not stop the appointment of non-Muslims as CEOs of State Waqf Boards, but said preference should be given to Muslims “as far as possible.”
- The Hon’ble Court did not interfere with the condition of registration of Waqfs.
The Hon’ble Court clarified that its directions are based on the prima facie view and will not preclude the parties from making submissions with regard to the validity of the provisions of the Act in final hearing.
