The Supreme Court on Monday paused the operation of select provisions of the Waqf (Amendment) Act, 2025, which had sparked nationwide protests, while upholding the rest of the law for now. A bench led by Chief Justice of India B.R. Gavai, along with Justice A.G. Masih, observed that certain clauses amounted to “arbitrary” exercise of power and required protection until further adjudication.
Collector’s Powers Curtailed
One of the most contentious provisions of the amended Act had empowered District Collectors to act as final arbiters in disputes over Waqf property ownership. The Court flagged this clause as unconstitutional in its present form.
“The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers. Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed,” the bench said.
Muslim organisations had warned that such sweeping powers would encourage illegitimate claims over Waqf properties, intensifying disputes and encroachments.
Restrictions on Board Composition
The bench also directed that Waqf Boards should not have more than three non-Muslim members, while the Central Waqf Council should not include more than four non-Muslim members.
Five-Year Practice Clause Suspended
Another provision of the Act — mandating that only a person who had been practising Islam for at least five years could declare a Waqf — was also kept in abeyance. Chief Justice Gavai remarked, “Without any mechanism, it will lead to exercise of arbitrary power.”
Court’s Approach to Legislative Review
Emphasising judicial restraint, the bench noted that “the presumption is always in favour of the constitutionality of a statute” and intervention must be limited to the “rarest of rare cases.” Accordingly, while the entire statute was not stayed, specific contentious provisions were suspended.
Background
The Waqf (Amendment) Act, 2025 amended the Waqf Act, 1995 and was passed by Parliament earlier this year, receiving Presidential assent in April. The amendments triggered widespread protests by Muslim organisations, who alleged that the new framework was unconstitutional and designed to facilitate state control over Waqf properties.
The Union government, however, defended the changes, arguing that many Waqf lands are embroiled in disputes and encroachment, and that the amendments were intended to streamline governance and resolve long-standing conflicts.
