SUPREME COURT STAYS CERTAIN PROVISIONS OF WAQF AMENDMENT ACT 2025

SUPREME COURT STAYS CERTAIN PROVISIONS OF WAQF AMENDMENT ACT 2025

The Waqf Amendment Act, 2025 (Supreme Court of India, Bench: C.J. B.R. Gavai & J. A.G. Masih), multiple petitions challenged the Act’s constitutional validity, seeking a stay. The Court granted limited interim relief while leaving final adjudication for main hearings. Section 3(r), requiring waqf creators to be practicing Muslims for 5+ years, was stayed until rules are framed, noting lack of verification mechanism. Section 3C, allowing revenue officers to automatically derecognize waqfs, was fully stayed as arbitrary and violating separation of powers. Provisions not stayed included deletion of ‘waqf by user,’ ASI monument restrictions (3D), tribal land protection (3E), registration requirement (36), deletion of non-Muslim creation, and Limitation Act application. The Court clarified non-Muslim representation limits in Central and State Waqf Boards and that CEO need not be Muslim, preferably should be. The verdict provides prima facie interim relief without addressing the Act’s overall validity.