Supreme Court Refuses to Stay Waqf Amendment Act 2025, Pauses Key Provisions Including 5-Year Islam Practice Clause
New Delhi, India – September 15, 2025 – In a significant ruling today, the Supreme Court of India declined to impose a blanket stay on the Waqf (Amendment) Act, 2025, but stayed several contentious provisions, including the requirement that a person must have practiced Islam for at least five years to create a Waqf. The interim order, delivered by a bench led by Chief Justice B.R. Gavai and Justice Augustine George Masih, addresses petitions challenging the constitutional validity of the Act, passed by Parliament in April 2025. The decision has sparked varied reactions, with Union Minister Kiren Rijiju hailing it as a victory for parliamentary authority, while opposition leaders and petitioners view it as a partial check on the government’s alleged overreach. The ruling, which also limits non-Muslim representation in Waqf Boards and restricts the powers of District Collectors, underscores ongoing debates over religious property rights and governance in India.
Background of the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, was introduced in the Lok Sabha on April 2, 2025, and passed by both Houses of Parliament on April 3 and 4, receiving presidential assent from Droupadi Murmu on April 5. Notified by the Centre on April 8, the Act amends the Waqf Act of 1995 to enhance transparency and accountability in Waqf property management. Key provisions include mandatory registration of Waqf properties, limiting non-Muslim representation in Waqf Boards and Councils, and empowering District Collectors to investigate potential encroachments on Waqf land. The most controversial clause, Section 3(1)(r), mandates that only individuals practicing Islam for at least five years can dedicate property as Waqf, a requirement critics argue infringes on religious freedom.
The Act faced immediate opposition from Muslim organizations, opposition parties, and civil society groups, who described it as a “creeping acquisition” of Muslim properties and a violation of constitutional rights. Nearly 100 petitions were filed in the Supreme Court, challenging provisions on grounds of arbitrariness and discrimination. The court reserved its interim order on May 22, 2025, after three days of hearings, culminating in today’s ruling, as reported by The Hindu and LiveLaw.
Supreme Court’s Interim Order
In its verdict, the Supreme Court emphasized the “presumption of constitutionality” in favor of laws passed by Parliament, refusing to stay the entire Act as it would require “rarest of rare” circumstances, per The Indian Express. However, the bench stayed three key provisions pending final adjudication:
Five-Year Islam Practice Clause (Section 3(1)(r)): The court paused the requirement that a person must have practiced Islam for five years to create a Waqf, noting that enforcement is impractical until state governments frame rules to define “practicing Muslim.” Chief Justice Gavai remarked, “Without a mechanism to verify this, the provision cannot be enforced,” as quoted by LiveMint.
District Collector’s Powers (Section 3C): The provision allowing District Collectors to report whether Waqf properties encroach on government land was stayed, with the court ruling that such decisions must first be adjudicated by Waqf Tribunals, with appeals subject to High Court oversight. This addresses petitioners’ concerns about Collectors’ “arbitrary” authority, per The Times of India.
Non-Muslim Representation in Waqf Bodies: The court capped non-Muslim membership at four in the Central Waqf Council (out of 22) and three in State Waqf Boards (out of 11), responding to arguments that excessive non-Muslim inclusion could undermine community governance, as noted by Bar and Bench.
The court also upheld the Act’s deletion of “Waqf-by-user” from the statutory definition, finding it non-arbitrary prima facie, as it aims to curb misuse where government properties were claimed as Waqf due to long-term use. However, it clarified that revenue records for existing Waqfs cannot be altered without tribunal approval, ensuring protection against immediate denotification, per The Economic Times.
Political and Social Reactions
The ruling elicited polarized responses. Union Minister for Parliamentary Affairs Kiren Rijiju welcomed the decision, interpreting it as an endorsement of Parliament’s authority. Speaking to reporters in Mumbai at 1:00 PM IST, Rijiju said, “The Supreme Court has upheld the decision made in Parliament. This is a good sign for our democracy,” as quoted by Times Now. He emphasized the Act’s intent to modernize Waqf administration through technology, renaming it UMEED (Uplifting Minorities through Empowerment, Equality, and Development), and addressing concerns of poor Muslims, per The Economic Times.
The Congress party, a key opponent of the Act, celebrated the stay on specific provisions as a “substantial victory” for constitutional values. General Secretary Jairam Ramesh stated, “The order undoes the mischievous intentions of the BJP-led government to inflame voters and grab Muslim lands,” as reported by ANI. Ramesh highlighted the vindication of dissent notes submitted by Joint Parliamentary Committee members, which were initially ignored, per The Statesman.
Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), expressed cautious optimism. AIMPLB member Syed Qasim Rasool Ilyas told Free Press Journal, “The court has addressed key concerns, including Waqf-by-user and monument protections, but we await full relief in the final verdict.” Maulana Khalid Rashid Farangi of the Eidgah Committee echoed this, expressing hope for a comprehensive resolution, per The Statesman.
On X, reactions were mixed. A post by @Indian_Analyzer at 10:57 AM IST, with thousands of views, declared, “Big Win for Modi Govt. WAQF is GONE 🎯,” exaggerating the ruling’s scope. Conversely, @WaqfBachao posted, “SC’s partial stay is a step toward justice, but the fight continues against this anti-Muslim law.” These sentiments reflect the divisive nature of the issue, with hashtags like #WaqfAct and #SupremeCourt trending throughout the day.
Legal and Policy Implications
The Waqf (Amendment) Act, 2025, seeks to streamline the management of over 600,000 registered Waqf properties in India, valued at billions, which support mosques, schools, and charitable institutions. Critics, including petitioners, argued that provisions like mandatory registration and Collector inquiries could lead to state overreach, potentially invalidating unregistered Waqfs or enabling land grabs, as noted by The Daily Star. The Supreme Court’s interim order balances these concerns by preserving the Act’s core framework while pausing provisions deemed legally tenuous.
Legal experts suggest the stay on the five-year practice clause addresses practical challenges, as verifying religious adherence lacks a clear mechanism. Advocate Anil Kumar, quoted by NDTV India, said, “The court’s pragmatic approach prevents arbitrary enforcement while allowing the Act’s broader intent to proceed.” The cap on non-Muslim representation also responds to arguments that excessive external involvement could dilute Waqf Boards’ autonomy, historically tied to Muslim community governance.
The ruling has implications for ongoing cases in state courts, where Waqf property disputes are common. The court’s directive that High Courts must endorse any changes to Waqf titles ensures judicial oversight, potentially reducing arbitrary state actions, per AajTak. However, petitioners warn that the Act’s remaining provisions could still be challenged if found to violate Articles 14 (equality) and 25 (religious freedom) of the Constitution.
Broader Context and Future Outlook
The Waqf (Amendment) Act has been a flashpoint since its introduction, sparking nationwide protests and debates over minority rights. The Joint Parliamentary Committee’s contentious deliberations in early 2025 saw opposition MPs, including Congress and AIMPLB representatives, submit dissent notes, arguing the Act disproportionately targets Muslim properties. The Union Ministry of Minority Affairs defended the law in a 1,332-page affidavit filed on April 25, 2025, asserting it curbs misuse and protects public properties, per LiveMint.
Today’s verdict sets the stage for a comprehensive challenge to the Act, with the Supreme Court scheduling further hearings to assess its overall constitutionality. The court’s refusal to stay the entire law signals deference to legislative authority, but its selective interventions address immediate concerns about fairness and implementation, as noted by Verdictum. The case, listed as In Re: The Waqf Amendment Act, 2025 (Neutral Citation: 2025 INSC 1116), will likely shape Waqf governance for years.
As the Centre and states prepare to frame rules for the stayed provisions, political reactions will influence public discourse. The BJP aims to leverage the ruling to highlight its reform agenda, while opposition parties, including Congress and regional allies, plan to intensify their legal and public campaigns. The issue remains sensitive, with protests planned in cities like Patna under the banner “Waqf Bachao Samvidhan Bachao,” as reported by The Economic Times.
For updates, stakeholders can follow proceedings on www.sci.gov.in or contact the Ministry of Minority Affairs at www.minorityaffairs.gov.in. The nation awaits the final verdict, which will determine the balance between administrative reform and religious autonomy in India’s Waqf system.
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