Court Halts Key Waqf Law Clauses Amid Rising Debate

In a landmark development, the Supreme Court of India has issued an interim stay on several controversial provisions of the Waqf Amendment Act 2025. The decision, delivered on September 15, has sparked widespread discussion across legal, religious, and political circles.

The Waqf Amendment Act 2025 was introduced to reform the administration of Waqf properties—lands and assets donated for religious or charitable purposes under Islamic law. While the government claimed the amendments would enhance transparency and prevent misuse, critics argued that certain clauses infringed upon constitutional rights and religious freedoms.

The Supreme Court bench, led by Chief Justice B.R. Gavai and Justice Augustine George Masih, refused to suspend the entire Act but paused specific sections that were deemed problematic.

Key Provisions Stayed:

• The clause requiring a person to be a practicing Muslim for five years before creating a Waqf has been put on hold. The Court noted that no clear mechanism exists to determine religious practice duration, making the rule arbitrary.
• The power granted to District Collectors to decide whether a property is government land or Waqf has been suspended. The Court emphasized that such decisions must be made through judicial processes, not executive authority.
• Changes to revenue records based solely on administrative reports have been barred. This move protects property titles from unilateral alterations.

Structural Safeguards Introduced:

• The Central Waqf Council may include up to four non-Muslim members, while State Waqf Boards are limited to three. However, ex-officio members must be Muslims to preserve the religious character of the institutions.
• The Court also directed that no third-party rights be created in disputed Waqf properties until final adjudication.

Public Reaction:

Opposition leaders and civil rights activists welcomed the verdict, calling it a step toward preserving constitutional balance. AIMIM chief Asaduddin Owaisi, however, expressed concern that the interim relief may not be sufficient to protect Waqf assets from encroachment and misuse.

Legal experts believe the ruling sets a precedent for evaluating religious laws against constitutional principles. The case continues, with further hearings expected in the coming months.

Background:

The original Waqf Act was enacted in 1995 to regulate religious endowments. Over time, disputes over property ownership, encroachments, and administrative overreach led to calls for reform. The 2025 Amendment aimed to address these concerns but faced backlash for allegedly diluting community rights.

Government’s Stand:

The central government defended the amendments, citing instances of unauthorized commercial use of Waqf properties. It launched the UMEED portal to digitize property records and improve oversight. However, critics argue that the portal lacks safeguards against arbitrary classification and exclusion.

What’s Next:

The Supreme Court’s interim order is not the final word. Petitioners continue to challenge the Act’s constitutionality, and the Court will eventually deliver a comprehensive verdict. Until then, the stayed provisions remain inactive, and Waqf Boards must operate under revised guidelines.

Impact on Communities:

The ruling has implications for property donors, religious institutions, and local governance. It reinforces the need for clear legal frameworks that respect both religious traditions and constitutional values.

Conclusion:

The Supreme Court’s decision reflects a careful balance between reform and rights. As the legal battle unfolds, stakeholders across India await clarity on how Waqf properties will be managed in the future.