What Are Those Key Waqf Act Provisions The Supreme Court Just Stayed, Details Here

The Supreme Court on Monday stayed the key provisions in the Waqf (Amendment) Act, 2025, saying that they were ‘arbitrary’. A bench of Chief Justice of India BR Gavai and Justice AG Masih ordered that it found no case was made out to stay the whole statute, but some sections need some protection.

The apex court heard arguments over three days. Petitioners claimed the act violates Muslim rights, while the government argued that Waqf is a charitable concept, not a fundamental religious right. Advocates appearing for the petitioner, including Kapil Sibal, stressed that Waqf is a dedication to God.

While delivering an interim order today, the court did not strike down the entire statute but ruled that some provisions would remain suspended until further orders.

The Five Key Provisions The Supreme Court Suspended Today

Section 3(1)(r) – In the 1955 act, it defines the ‘waqf’ as the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes.

The Amendment Act, 2025, proposed that such a “person” has been practising Islam for at least five years.

But the Supreme Court objected to it, saying that being a practising Muslim for five years, noting that without clear rules, could lead to arbitrary classification and misuse of power.

Section 3C(2) – The 1995 act states that a property, which is in dispute with the Government over alleged encroachment, will not be treated as a Waqf Property till the designated officer of the Government submits his report on whether the encroachment has been stayed. The Amendment Act allowed Revenue Collector. 

The Court stayed Section 3C(3), saying that permitting the Collector to determine the rights of the properties is against the doctrine of separation of powers, as the Executive can’t be permitted to determine the rights of citizens.

Section 9 – The original act deals with the establishment and constitution of the Central Waqf Council. Initially, non-Muslims were not allowed to be part of the Waqf Council.

The Amendment Act provided that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.

Now the Supreme Court has directed that the Central Waqf Council shall not consist of more than four non-Muslim members out of 20.

Section 23 – The original act, under this section, deals with the appointment of the Chief Executive Officer and his term of office and other conditions of service, stating that there shall be a full-time Chief Executive Officer of the Board who shall be a Muslim.

The Amendment Act said that there shall be a full-time Chief Executive Officer of the Board to be appointed by the State Government, and who shall be not below the rank of Joint Secretary to the State Government.

However, the Court asserted that though we are not inclined to stay Section 23, we direct that as far as possible, efforts should be made to appoint the Chief Executive Officer of the Board, who is the ex officio Secretary, from amongst the Muslim community.

Delivering the interim order, the Court said, “The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers.” The bench also set a limit for the non-Muslim members on a Waqf board. The Act had put this number at four non-Muslim members.

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