SC stays two provisions of the Waqf Amendment Act
New Delhi: The Supreme Court on Monday delivered its interim order on petitions challenging the Waqf Amendment Act, 2025, staying two contentious provisions while upholding the rest of the law for now.
A bench headed by the Chief Justice of India held that the condition requiring proof of professing Islam for at least five years before being eligible for certain roles under the Act will remain inoperative until state governments frame rules to provide a proper mechanism for its determination. The court observed that without such a mechanism, the provision could lead to arbitrariness.
The court also stayed the provision empowering collectors to decide disputes on Waqf property, terming it a violation of the principle of separation of powers. It clarified that till the question of title is decided by a tribunal or court, the Waqf status of the land will remain unaffected. At the same time, no third-party rights should be created on such disputed properties until the matter is settled.
On the composition of Waqf Boards and Councils, the apex court ruled that the number of non-Muslim members in the Central Waqf Council cannot exceed four, while in State Waqf Boards the number cannot exceed three.
The bench, however, declined to stay the provision allowing non-Muslims to be appointed as CEOs of State Waqf Boards. It noted that while this is legally permissible, as far as possible, preference should be given to Muslim candidates.
The court also did not interfere with the registration requirements introduced by the amendment but granted certain extensions in timelines for compliance.
The matter will now be taken up for final hearing later this year.
