SC refuses to stay Waqf Amendment Act in entirety

New Delhi: The Supreme Court on Monday declined to stay the Waqf (Amendment) Act, 2025 in entirety, observing that a statute carries a presumption of constitutionality and can be stayed only in the rarest case.

However, a Bench of Chief Justice of India (CJI) B.R. Gavai and Justice A.G. Masih stayed the provision mandating 5 years of practising Islam for the creation of waqf until relevant rules are framed. Further, the CJI Gavai-led Bench stayed the provision empowering a designated officer to decide disputes on whether a waqf property has encroached upon government land, observing that an executive officer cannot adjudicate on citizens’ property rights, as this would violate the principle of separation of powers.

“Till adjudication happens by the tribunal, no third-party rights can be created against any parties,” it said.

In its interim order, the apex court directed that state waqf boards should have no more than three non-Muslim members, while the Central Waqf Board will not have more than four non-Muslim members.

The CJI Gavai-led Bench also refused to stay the mandatory registration of waqf properties, noting that the requirement had existed under earlier enactments as well.

A detailed copy of the order is yet to be uploaded on the website of the apex court.

On May 22, the apex court heard the petitioners’ and the Centre’s views over three hearings before reserving its order on issuing a stay on the Waqf (Amendment) Act, 2025 — a law vehemently defended by the Union government as a tool to curb misuse of Waqf properties and ensure greater transparency in their management.

The validity of the contentious Act, which came into effect on April 5 with the Presidential assent, has been challenged by, among others, All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi and Congress MP Mohammad Jawed.

The petitioners moved the apex court, contending that the amendment amounted to discrimination against Muslims.

The new law amended the Waqf Act, 1995, to address the regulation of Waqf properties, that is, religious endowments or properties dedicated exclusively for religious or charitable purposes under Islamic law.

On April 17, a Bench headed by then CJI Sanjiv Khanna decided not to order a stay on the Waqf (Amendment) Act, 2025, after the Centre assured the apex court that certain provisions would not be implemented for the time being.

IANS