Waqf Amendment Act: Supreme Court Stays Certain Provisions, Congress' Imran Pratapgarhi Says 'Will Continue To Fight'

(MENAFN- Live Mint) The Supreme Court on Monday declined to stay the entire Waqf Amendment Act but temporarily suspended specific provisions, including the clause requiring a person to be a practising Muslim for five years to create a Waqf.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection.

What did the Supreme Court say?

Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf.

It said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power.

The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property.

It said the Collector cannot be permitted to adjudicate rights of personal citizens, and this will violate the separation of powers.

The top court held that till adjudication happens by the Tribunal, no third-party rights can be created against any parties, and the provision dealing with such powers to the Collector shall remain stayed.

The apex court also said that the provision that not more than three non-Muslim members should be included in the state Waqf Board, and that, in total, not more than four non-Muslims shall be included in the Central Waqf Councils for now. The court also noted that as far as possible, the CEO of the Board should be a muslim.

It, however, did not interfere with the provision mandating registration, considering that it is not a new requirement, as this condition was there in the previous enactments of 1995 and 2013 as well.

Also Read: Supreme Court refuses to stay Waqf Act, 2025, puts on hold mandatory 5 years of Islamic practice, other KEY clause

Chief Justice of India Justice BR Gavai noted that Collectors“cannot be permitted to adjudicate 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 parties. The provision dealing with such powers to the collector shall remain stayed. We also hold that not more than 3 non-Muslim members in the waqf board and in total not more than 4 non-muslim members,” the top court said.

Here's what the petitioner said

Advocate Anas Tanweer (petitioner who filed a plea challenging the Waqf Act) said,“The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years, which has been stayed because there is no mechanism to determine whether someone has been a Muslim for five years or not... As far as non-Muslim members are concerned, the court has said that in the Waqf Board, it cannot be more than 3 and not more than 4 in Section 9, and on the registration, the court has apparently extended the time limit but has not stayed the provision...”

Advocate Reena N Singh said that earlier, the Collector had the right to take the alleged Waqf property into its possession.“Now the apex court has put a stay on it. Another important point is that the 5-year clause has been stayed,” she added.

Congress leader says, 'will continue to fight...'

Congress MP Imran Pratapgarhi said,“This is a really good decision. The Supreme Court has reined in the conspiracy and intentions of the Government. People who donate their land were fearful that the government would attempt to grab their land.”

He added,“This is a relief to them...How will the Government decide who has been a practising Muslim for 5 years? This is a matter of faith...Govt took note of all these aspects...We will continue the fight...”

'We demanded that there must be a stay on entire Act, but...': Eidgah Imam

On SC's order in the Waqf Amendment Act, Eidgah Imam & AIMPLB member Maulana Khalid Rasheed Farangi Mahali says,“We demanded that there must be a stay on the entire Act , but the Court has not given such an order. However, the Court has stayed many provisions, and we welcome the stay on certain provisions, such as a person who wants to make a Waqf should be a practising Muslim for at least 5 years.”

Also Read: Waqf Bill passed in Lok Sabha: A complete guide to controversy, amendments, and NDA vs INDIA showdow

He added that the court has also clarified that the CEO must be from the Muslim community, and the overriding powers given to the District Collector for deciding whether a property is a Waqf or not have also been stayed. The stay on Sections 3 and 4 is a very welcome step, and we expect that whenever the final decision comes, we will be given 100% relief.

AIMPLB leader Rasool Ilyaas says, 'our point...'

Syed Qasim Rasool Ilyas, Member of All India Muslim Personal Law Board (AIMPLB), said that to a large extent,“our point has been accepted”.

Also Read: 'Nobody has right over govt land': Centre tells SC on pleas challenging Waqf Act

He added,“Our point on 'Waqf by User' has been accepted. Along with this, our point on protected monuments has also been accepted, that there will be no third-party claim. The five-year amendment that was imposed has been removed, and along with this... I want to say that by and large, many of our points have been accepted, and we think that there is satisfaction to a large extent,” he added.

Waqf Amendment Bill, 2025

President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which Parliament earlier passed after heated debates in both Houses.

The Central government had previously urged the Supreme Court not to stay any provisions of the Waqf Amendment Act, arguing that constitutional courts generally do not suspend statutory provisions either directly or indirectly, and should instead decide on their validity in the final judgment.

In its affidavit, the Centre asserted that the amendments solely address the secular aspects of managing Waqf properties and therefore do not infringe upon the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.

Collecters cannot be permitted to adjudicate rights of personal citizens and this will violate the separation of powers.

Also Read: Parliament passes Waqf (Amendment) Bill after Rajya Sabha nod. 'Opposition tried to scare Muslims,' says Rijiju

Addressing the provision that bars non-Muslims from creating Waqfs, Solicitor General Tushar Mehta, representing the Centre, explained that the original 1923 law did not permit non-Muslims to create Waqfs.

The Supreme Court has reined in the conspiracy and intentions of the Government.

It was only in the 2013 amendment that such rights were extended, but this raised concerns about misuse as a means to defraud creditors.

(With inputs from ANI)

Key Takeaways

• The Supreme Court's stay on specific provisions reflects ongoing tensions in managing religious properties.
• The ruling highlights the balance between governmental authority and individual rights in religious contexts.
• This decision may set a precedent for future legal interpretations regarding faith-based property management.

MENAFN15092025007365015876ID1110061036