‘No Case Made’: Supreme Court Declines To Suspend Entire Waqf Act In Big Verdict

Supreme Court of India (Credits: PTI Photo)

The Supreme Court on Monday declined to put the entire Waqf (Amendment) Act, 2025, on hold, noting that no such case had been made out for such an order.

However, the bench led by Chief Justice BR Gavai observed that some provisions may need temporary protection and stayed certain sections of the Act, including the rule that mandates a person must have been a practising Muslim for five years to create a Waqf.

“We have found that the entire act is challenged, but basic challenge was sections 3(r), 3C, 14. We have gone to legislative history from the 1923 Act and considered prima facie challenge to each section and hearing parties were not made out for entire statute. But sections which are under challenge, we have granted stay,” the bench headed by CJI BR Gavai said.

Today’s hearing follows the bench’s May 22 decision to reserve its interim order on the Act, after three days of arguments from both sides.

The petitions challenge the constitutional validity of amendments to the Waqf law passed by Parliament earlier this year.

SC Stays Key Sections Of Waqf Act

• Section 3(r): The requirement of five years as a practising Muslim is on hold until proper rules are formed to prevent arbitrary use of powers.
• Section 2(c) Provision: Certain property will not be considered as waqf property.
• Section 3C: Allowing the designated officer to challenge revenue records and let the collector decide rights would violate the separation of powers. Until final decisions are made, property rights remain unaffected, and waqf properties cannot be dispossessed.
• Membership Limit: Committees shall not have more than four non-Muslim members, and for state-level committees, no more than three.
• Section 23: Ex officio officers must be members of the Muslim community.