The Supreme Court on Monday, September 15, stayed key provisions of the Waqf (Amendment) Act, 2025, including the requirement that a person must practice Islam for five years to create a Waqf. The court held that this provision will remain suspended until a proper mechanism is framed to determine religious practice. It also ruled that a Collector cannot decide whether a property is Waqf or government land, as doing so would violate the separation of powers, and no third-party rights can be created until the High Court decides. The bench led by Chief Justice BR Gavai further clarified that the ex officio member of the Waqf Board must be Muslim and limited the number of non-Muslim members on Waqf Boards to three, with a total of four in Waqf Councils. While refusing to stay the entire Act, the court emphasised the protection of certain sections to prevent arbitrary decisions. Waqf Act 2025: Supreme Court To Deliver Verdict on Plea Challenging Waqf Amendment Act Today.
Supreme Court Stays Key Provisions of Waqf Act 2025
#BREAKING Supreme Court on Waqf Amendment Act |
CJI: No case to stay the entire statute, but 2 key provisions stayed :
(i) Collector cannot decide if property is Waqf, when govt officials decides, no change will take place to waqf title till High Court decides on the case. No… pic.twitter.com/TkbHy5L1E1
— Bar and Bench (@barandbench) September 15, 2025
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