New Delhi, Sep 15 (JKNS): The Supreme Court of India on Monday refused to stay the Waqf Amendment Act, 2025 in its entirety, while putting on hold certain contentious provisions, including the requirement that only those practising Islam for at least five years could create a waqf.
Delivering an interim order, a bench of Chief Justice B.R. Gavai and Justice Augustine George Masih as per news agency JKNS observed that there is a “presumption of constitutionality” in favour of the statute. “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute,” the bench said.
However, the apex court stalled specific provisions. The condition that a person should be a practitioner of Islam for at least five years to create a waqf was stayed until state governments frame rules to determine such eligibility. The court noted that without a clear mechanism, the clause could lead to arbitrariness.
The bench also stayed the provision that empowered the government to derecognize a waqf land during the pendency of an encroachment dispute before a government officer. It held that entrusting the Collector with deciding such disputes was against the principle of separation of powers. It clarified that until the question of title is decided by a Tribunal or Court, disputed waqf lands will not be affected, and no third-party rights should be created on them.
On the composition of Waqf bodies, the court directed that the number of non-Muslim members in the Central Waqf Council shall not exceed four, while in State Waqf Boards, the limit will be three.
The court, however, did not stay the provision allowing a non-Muslim to serve as CEO of a State Waqf Board, though it underlined that, as far as possible, a Muslim should be appointed.
It also did not interfere with the registration provisions but granted extensions to the prescribed timelines.
The matter will be taken up further after responses from all parties are considered, the bench added. (JKNS
