Supreme Court refuses full stay on Waqf Amendment Act, halts key clauses

New Delhi, Sep 15: The Supreme Court on Monday refused to stay the Waqf (Amendment) Act, 2025 in its entirety but suspended some of its contentious provisions.

A bench led by Chief Justice Bhushan R Gavai, with Justice A G Masih, put on hold the powers granted to district collectors to decide whether a property claimed as Waqf belongs to the government, ruling that such disputes must be settled only by Waqf tribunals and high courts. The court also suspended the provision requiring a person to be a practising Muslim for five years before dedicating property as Waqf, clarifying that this condition would apply only after state governments frame rules.

However, the court upheld the mandatory registration of Waqf properties on the Centre’s UMEED digital portal, aimed at creating a centralised and transparent database. It further directed that the Central Waqf Council should not have more than four non-Muslim members, and state Waqf boards not more than three. The bench also suggested that Waqf board CEOs should preferably be Muslims.

Delivering the order, the CJI noted that legislation carries a presumption of constitutionality but stressed the need for safeguards in implementing the new law.

The verdict comes after petitions challenged several provisions of the amendment, alleging discrimination and erosion of Waqf traditions, while the Centre defended it as a move to ensure accountability and prevent misuse.