The Supreme Court of India partially stayed the provisions of the Waqf Amendment Act 2025 after multiple petitions challenged the controversial clauses.
A bench led by CJI BR Gavai, Justice K Vinod Chandran and Justice Atul S Chandurkar delivered the order.
The court suspended the clause restricting non-Muslims from donating property to Waqf institutions for five years. It further restricted the rule limiting non-muslim members on the Waqf board to only three out of eleven total positions.
Additionally, the bench ruled that district collectors cannot independently decide whether property belongs to the Waqf or otherwise.
Instead, the decision must first pass through the Waqf Tribunal and later the High Court before collectors intervene.
The interim order was pronounced on May 22, after three days of intensive arguments from petitioners and government officials.
Petitioners opposed provisions granting unilateral power to notify properties as Waqf based solely on the user or deed without broader scrutiny.
Another objection targeted the clause stating that government land cannot be recognised as Waqf property during the collectors’ investigation proceedings.
Solicitor General Tushar Mehta, on behalf of the central government, argued that none of the persons who have filed this PIL is an affected party or person.
He further added that a few people cannot be representative of the entire Muslim community by filing petitions
He insisted that creating a Waqf and donating to it are separate processes with safeguards to prevent misuse.
The government emphasised consultations involving 97 lakh suggestions, 36 meetings, state feedback and recommendations from 25 Waqf boards.
Senior Lawyer Rakesh Dwivedi, on behalf of the government, said that Waqf by user is not the main practice of Islam.
The Court maintained that concerns arise because the government cannot act as both claimant and adjudicator in property disputes.
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