New Delhi, Sept 15: The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act, 2025, saying such a step is possible only in the “rarest of rare” cases. Instead, it paused the operation of two provisions that it found problematic.
What was stayed:
• The rule that only a person who has been a Muslim for five years can create a Waqf.
• The rule that allowed District Collectors to decide whether a property is Waqf land or government land.
The Court also clarified that the law restricting the number of non-Muslims in state Waqf boards and the central Waqf council to three will remain in place for now.
Why these provisions were paused:
• On the first provision, the Court said it will remain on hold until states frame clear rules on how to determine whether a person is a practising Muslim.
• On the Collector’s powers, the Court said that a Collector’s report cannot change the ownership (title) of a Waqf property unless endorsed by a High Court. Until then, Waqf Boards cannot create third-party rights on disputed properties.
Court’s reasoning:
The bench noted that Parliament’s laws enjoy a presumption of constitutionality. It said while some clauses may need protection, no case had been made out to suspend the entire Act.
Background:
The Waqf (Amendment) Bill, 2025 was passed by the Lok Sabha on April 2 with 288 votes in favour and 232 against. The Rajya Sabha cleared it the next day after a 14-hour debate, with 128 votes for and 95 against. The law has faced several challenges to its constitutional validity, which the Court is currently hearing.
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