SC Stays Provisions of Waqf Amendment Act
The Supreme Court has ordered a partial stay on certain provisions of the Waqf (Amendment) Act, 2025, while hearing petitions that challenged the constitutionality of the law. The rest of the Act remains in force.
Five-Year Islam Practice Clause Suspended
The bench suspended the clause requiring an individual to have practised Islam for at least five years before creating a waqf. The Court said this condition will remain on hold until states frame rules to clarify how such eligibility would be determined.
Collector’s Power on Disputes Put on Hold
The Court also stayed the provision giving district collectors the authority to decide disputes over waqf properties. It observed that this could infringe upon the principle of separation of powers.
Mandatory Registration Continues
The requirement of registering waqfs was not stayed, as similar provisions already existed under the earlier Waqf Acts of 1923 and 1995. The bench noted that such a process is part of established legal practice.
Court Declines Full Suspension
Headed by Chief Justice B.R. Gavai and Justice Augustine George Masih, the bench refused to suspend the entire law. The judges stressed that laws enjoy a presumption of constitutionality and that halting the whole Act would only be justified in the “rarest of rare” cases.
