Guwahati: The Supreme Court on Monday declined to stay the entire Waqf (Amendment) Act, 2025, but issued a temporary suspension of certain contentious provisions.
These include clauses that allowed district collectors to determine whether a waqf-designated property is government-owned and to issue binding orders based on that assessment.
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A bench comprising Chief Justice BR Gavai and Justice AG Masih passed the interim order while hearing challenges to the amended law, as reported.
The court also put on hold another provision that restricted the creation of a waqf to individuals who have practised Islam for at least five years.
Background: What Is Waqf and the Role of Waqf Boards?
Waqf refers to a religious endowment in Islamic law, involving the permanent dedication of movable or immovable property for charitable, religious, or community use.
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Properties under waqf can include mosques, dargahs, madrasas, graveyards, schools, agricultural land, and commercial spaces. Once declared as waqf, such property becomes inalienable; it cannot be sold, gifted, or inherited.
Across India, 30 state Waqf Boards manage these assets, which span approximately 9.4 lakh acres of land across 8.7 lakh properties, with an estimated market value exceeding Rs 1.2 lakh crore.
This makes the Waqf Boards the third-largest landowners in India, after the Indian Railways and the armed forces.
These properties are overseen by caretakers known as mutawallis, under the supervision of the state boards.
However, the boards frequently face issues such as property encroachments, prolonged litigation, mismanagement, and lack of accountability.
Legal Framework: The Waqf Act
The Waqf Act, initially enacted in 1954 and revised in 1955, 1995, and 2013, lays down the rules for the management, registration, and supervision of waqf properties.
It also created the Central Waqf Council, which advises the government and oversees the functioning of state boards.
The law requires every state to conduct property surveys, maintain proper records, and resolve disputes through waqf tribunals, with appeal provisions before High Courts.
What Changed in the 2024 Amendment?
The Waqf (Amendment) Act, 2025, based on the 2024 Bill, introduced several major changes. It made property registration with district collectors mandatory, allowed government-nominated members on waqf boards, and called for the inclusion of women and non-Muslims in waqf administration.
While the government defended the amendment as a step toward transparency and inclusive governance, critics, including opposition leaders, alleged that it was politically motivated and discriminatory against the Muslim community.
Supreme Court’s Intervention
By partially staying the new provisions, the Supreme Court acknowledged concerns regarding executive overreach and religious restrictions in the amended Act.
The court’s interim order provides temporary relief to those challenging the law and indicates that a detailed examination of its constitutionality will follow in subsequent hearings.