The Supreme Court on Monday stayed several provisions of the Waqf (Amendment) Act, 2025. A bench of Chief Justice BR Gavai and Justice AG Masih issued the orders. Consequently, these clauses will remain on hold until state governments frame rules for compliance.

Five-Year Muslim Practice Clause Stayed

First, the Court stayed Section 3(1)(r). This section required a person to have practiced Islam for five years to create a Waqf. Therefore, the clause will remain inactive until rules are made by the states.

Encroachment and Property Reporting Provisions Stayed

Next, the Court stayed the proviso to Section 3C(2). This clause stated that a Waqf property would not be recognized until a government officer submitted a report on encroachment.

Additionally, the Court stayed Section 3C(3). It required that if the officer found the property to be government-owned, he must update revenue records and report to the state government.

Moreover, Section 3C(4) was stayed. It instructed the state government to direct the Waqf Board to update its records based on the officer’s report.

CJI Gavai observed, “Permitting the collector to determine the rights is against the separation of powers; Executive can’t be permitted to determine the rights of citizens.”

Non-Muslim Members in Waqf Boards

However, the Court did not stay the provision allowing non-Muslims to be members of Waqf Boards. It said ex officio members should be Muslims as far as possible. The Court further noted that the Central Waqf Council should have no more than four non-Muslim members, while State Waqf Boards should not have more than three.

Denotification Powers and Other Issues

Furthermore, the Court delivered interim orders on three major issues, including the power to denotify properties declared as Waqf by courts, Waqf by user, or Waqf by deed.

A bench headed by CJI BR Gavai had reserved these orders on May 22 after hearing both sides. Advocates challenging the law, along with Solicitor General Tushar Mehta for the Centre, argued the case over three consecutive days.

Finally, the bench issued interim orders on the three issues petitioners had sought a stay for. These orders will guide further proceedings on the validity of the Waqf (Amendment) Act, 2025.