Daijiworld Media Network- New Delhi

New Delhi, Sep 16: The Supreme Court on Monday refused to stay the implementation of the Waqf (Amendment) Act 2025, while putting on hold certain contentious provisions of the law.
A Bench of Chief Justice of India BR Gavai and Justice AG Masih, which had reserved its verdict on May 22, observed, “In the totality of circumstances, we do not find that any case is made out to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected.”

The court underlined that the government was justified in scrapping the concept of “Waqf by user”, as the practice had allegedly led to encroachment of vast government lands. The provision earlier allowed a property to be recognised as Waqf purely based on long-term use, without a formal declaration by the owner.

At the same time, the apex court stayed certain clauses, including Section 3(r) which mandated that a person must be a practising Muslim for five years before dedicating property as Waqf. The Bench said that without a proper mechanism framed by state governments to verify the requirement, the clause would lead to “arbitrary exercise of power”.

The court also stalled Section 3C(2), which gave authority to an executive officer to decide disputes in cases of alleged encroachment of government land by Waqf property. Terming it a violation of the separation of powers, the Bench ruled that such adjudication must lie with the Tribunal and not an officer.

Issuing further directions, the Supreme Court capped the number of non-Muslim members in statutory bodies: not more than four in the 22-member Central Waqf Council, and not more than three in the 11-member Waqf Board. It also said, as far as possible, the Chief Executive Officer of the Board should be appointed from the Muslim community.

The apex court, however, upheld Section 3D of the amended Act, which nullifies declaration of Waqf over protected monuments or areas under the Ancient Monuments Preservation Act, 1904, and the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The Bench observed that the provision was intended to safeguard national heritage and also protect the rights of Scheduled Tribes.

With this ruling, the Waqf (Amendment) Act 2025 stands operative, albeit with certain clauses kept in abeyance until further clarity through rules and Tribunal adjudication.