New Delhi: The Supreme Court of India has stayed select provisions of the Waqf (Amendment) Act, 2025, signaling concerns over what it termed “arbitrary exercise of power” in the new legislation. While the court refrained from suspending the entire statute, the bench of Chief Justice of India BR Gavai and Justice AG Masih emphasized that certain clauses required immediate protection to prevent misuse and safeguard citizens’ rights.
The most contentious provision of the amended law empowered District Collectors to act as final adjudicators in disputes regarding Waqf property ownership. Muslim organizations across the country had protested this clause, warning it could lead to a surge in illegitimate claims and potential encroachment on Waqf properties. Addressing this concern, the Supreme Court observed, “The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers. Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed.”
In addition, the court scrutinized the composition of Waqf boards and the Central Waqf Council. It directed that no more than three non-Muslim members should be included in a Waqf board, and the Central Waqf Council should not have more than four non-Muslim members. This provision aims to preserve the Islamic character of these institutions while ensuring proper governance.
Another key clause stayed by the court relates to the requirement that only a person practising Islam for at least five years may declare a Waqf. Chief Justice Gavai cautioned that without a clear mechanism, this provision “will lead to exercise of arbitrary power” and thus must be paused pending further review.
The bench clarified that its approach is guided by the principle of constitutional fidelity. “Our presumption is always in favour of the constitutionality of a statute,” the court noted, adding that judicial intervention is warranted only in the “rarest of rare cases.” This measured approach underscores the court’s intent to balance legislative intent with protection of fundamental rights.
The 2025 amendments to the 1995 Waqf Act had cleared Parliament earlier this year and received the President’s assent in April. The legislation aimed to resolve longstanding disputes over Waqf properties and curb encroachments, according to the government. However, it triggered nationwide protests from Muslim bodies, who claimed the law was unconstitutional and a deliberate attempt to seize Waqf land. The Centre rejected these allegations, reiterating that the amendments are intended to streamline governance and protect Waqf assets from illegal claims.
With the Supreme Court now staying the key contentious provisions, the government faces renewed scrutiny over the law’s implementation. Legal experts note that while the stay is partial, it reflects the judiciary’s cautious approach to balancing administrative efficiency with protection of religious and property rights. The decision also signals that further review and possible modifications may be necessary to align the Act with constitutional safeguards.