Supreme Court pauses Key Waqf Act Provisions
The Supreme Court on Monday ordered a pause on certain sections of the Waqf (Amendment) Act, 2025.
The Supreme Court on Monday ordered a pause on certain sections of the Waqf (Amendment) Act, 2025, providing some interim relief to petitioners who have challenged the constitutional validity of the newly introduced law. The court paused provisions related to who can create a Waqf and who can adjudicate disputes of encroachment, while also issuing recommendations on the composition of the Waqf boards.
A bench of Chief Justice BR Gavai and Justice AG Masih noted that no case had been made to pause the Waqf Act in its entirety while it hears the larger case of the constitutional challenges to the new law.
The Supreme Court has stayed the proviso to Section 3C(2) of the Waqf (Amendment) Act, which stated that a Waqf property would not be treated as such until a government-designated officer submitted a report on whether the land was encroached.
The Court also stayed Section 3C(3), which provided that “in case the designated officer determines the property to be government property, he shall make necessary corrections in revenue records and submit a report in this regard to the state government".
In addition, Section 3C(4) was stayed. The clause mandated that the State Government, on receiving the officer’s report, shall direct the Waqf Board to make appropriate corrections in its records. “Permitting the collector to determine the rights is against the separation of powers; the Executive can’t be permitted to determine the rights of citizens," CJI Gavai observed.
The Supreme Court, however, did not stay the provision permitting the nomination of non-Muslim members to Waqf Boards. The court observed that, as far as possible, ex officio members of the boards should be Muslims. The Court further noted that the Central Waqf Council should not have more than four non-Muslim members, while State Waqf Boards should not include more than three.
A bench headed by Chief Justice B R Gavai on May 22 reserved the interim orders on these issues after hearing both sides in the waqf case.
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