The Supreme Court of India on Monday declined to stay the Waqf (Amendment) Act, 2025 in its entirety, asserting that laws can only be stayed in the “rarest of rare” cases.
However, the bench led by Chief Justice D.Y. Chandrachud granted interim relief by staying two controversial provisions of the Act.
The first provision stayed relates to the authority of the District Collector to determine whether a property is Waqf. The Court held that allowing executive officials to adjudicate such disputes violates the principle of separation of powers. Until the High Court rules on such cases, no change will be made to the Waqf title, and no third-party rights shall be created.
The second provision stayed was the clause requiring individuals to prove they have practiced Islam for five years before donating property as Waqf. The Court found this requirement arbitrary and unenforceable until a clear mechanism is framed by the states to determine religious adherence.
The Court also clarified that ex officio members of the Waqf Board must be Muslims, aligning with the religious nature of the institution. While the Central Government hailed the decision as a legal victory, critics argue that the Act still contains provisions that could lead to prolonged litigation and bureaucratic overreach.
The matter will be heard in detail in the coming weeks as the Court examines the constitutional validity of the remaining provisions.
