New Delhi: The Supreme Court, on Monday, put on hold the operation of two crucial provisions in the Waqf Amendment Act, 2025, but refused to stay the whole statute.
Pointing out that some sections need some protection, the Court said: “We have considered prima facie challenge to each of the sections and found no case was made out to stay entire statute… We have held that presumption is always in favour of constitutionality of statute.”
An entire law can only be stayed in the “rarest of rare” case, the Court noted.
The Bench stayed the provision within the Act that required a person to be a practitioner of Islam for five years to create a Waqf, even as it restricted the number of non-Muslims in state waqf boards and the central waqf council to three.
The issue of requirement of a person to be a practicing Muslim for five years will stay on hold until states form rules on determining whether a person is a practitioner of Islam, the Court held.
The court also put on hold another crucial provision on the powers of district collectors to decide whether a property is Waqf or government-owned.
The Collector’s report on a valid Waqf would not lead to change in title of the Waqf property without its endorsement by a high court, the SC clarified. It stated that during pendency of this adjudication by a government official or the high court, the Waqf Board cannot create third-party rights on the property in dispute.
The Act was introduced in the Lok Sabha on April 2 and cleared the House the same day with 288 MPs of the BJP and its allies supporting the Bill, while 232 voted against it. A day later, it was passed in the Rajya Sabha.
