SUPREME COURTS STAYS WAQF AMENDMENT 2025:INTERIM ORDER EXPLAINED
Supreme Court Stays Waqf (Amendment) Act 2025: Interim Order Explained Supreme Court stays key provisions of Waqf (Amendment) Act 2025 including the 5-year Islam practice requirement and government authority over Waqf lands. Read a brief, SEO-optimized summary of the interim order. Overview On September 14, 2025,6 challenging the Waqf (Amendment) Act 2025. The bench of Chief Justice BR Gavai and Justice AG Masih issued directives to safeguard Waqf property rights and prevent arbitrary application of the law until the state governments frame rules for implementation. >Highlights of the Supreme Court Interim Order 1. Stay on 5-Year Islam Practice Requirement • The Act required a person to be a practitioner of Islam for at least five years to create a Waqf. • The Supreme Court stayed this provision until State Governments frame rules to determine the criteria. • Without clear rules, the Court noted the provision could lead to arbitrary decisions. 2. Stay on Government Derecognition of Waqf Land • The Amendment allowed Collectors or government officers to derecognize Waqf property during disputes. • The Court stayed this provision, emphasizing that disputed Waqf land will remain unaffected until ownership is determined by a tribunal or court. • No third-party rights can be created on these lands during the pendency of disputes. 3. Composition of Waqf Bodies • Central Waqf Council: Maximum 4 non-Muslim members. • State Waqf Boards: Maximum 3 non-Muslim members. • This ensures representation of Muslims while maintaining inclusivity. 4. Appointment of CEO in State Waqf Boards • Non-Muslims can be appointed as CEOs, but the Court directed that preference should be given to Muslims wherever possible. • This balances inclusivity with religious representation in leadership roles. 5. Registration Requirements • The registration provisions remain operative. • Timeline extensions were granted to ensure compliance and avoid hardship. Significance of the Interim Order The Supreme Court’s decision is significant for: • Protecting Waqf property rights during disputes. • Preventing arbitrary application of the law. • Maintaining separation of powers between government and Waqf administration. • Ensuring representation of Muslims in administrative positions while allowing inclusivity. FAQ – Waqf (Amendment) Act 2025 Interim Order Q1: What is the 5-year Islam practice requirement in the Waqf Act? A1: It requires a person to be a practitioner of Islam for five years to create a Waqf. The Supreme Court has stayed this provision until state rules are framed. Q2: Can the government derecognize Waqf lands during disputes? A2: No. The Court has stayed this provision until tribunals or courts decide ownership disputes. Q3: How many non-Muslim members can be part of Waqf bodies? A3: In the Central Waqf Council, max 4 non-Muslims; in State Waqf Boards, max 3 non-Muslims. Q4: Can non-Muslims be CEOs of State Waqf Boards? A4: Yes, but preference should be given to Muslims wherever possible. Q5: Are registration provisions affected? A5: No. They remain operative, with timeline extensions granted. Conclusion The Supreme Court interim order on Waqf (Amendment) Act 2025 ensures protection of Waqf property rights, prevents arbitrary implementation, and maintains separation of powers. The decision is a critical step in safeguarding the rights and administration of Waqf institutions in India. To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]