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The Supreme Court declined to stay the Waqf (Amendment) Act, 2025, citing a presumption of constitutionality, but suspended provisions restricting waqf creation to practising Muslims of five years and government officers deciding property disputes.

Supreme Court refuses to stay entire waqf law, stalls certain provisions

The Supreme Court declined to stay the Waqf (Amendment) Act, 2025, citing a presumption of constitutionality, but suspended provisions restricting waqf creation to practising Muslims of five years and government officers deciding property disputes.

The Supreme Court on Monday put on hold several key provisions of the Waqf (Amendment) Act, 2025, including the clause that only those practising Islam for the last five years can dedicate a property as Waqf, but refused to stay the entire law.
&ldquo;We have held that presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases,&rdquo; a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its interim order on the intensely debated issue.
The apex court also pressed pause on the powers given to a collector to adjudicate the status of waqf properties and ruled on the contentious issue of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11.
The CJI said the bench has considered the &ldquo;prima facie challenge&rdquo; to each section in the new law and found that &ldquo;no case was made out to stay entire provisions of the statute".
"However some sections need some protection,&rdquo; he said.
The bench made clear that its directions were prima facie and interim in nature and they would not prevent the petitioners or the government from advancing full arguments on the constitutional validity of the law at the stage of final hearing.
The detailed judgement is awaited.
CJI Gavai then referred to the provisions which have been interfered with or stayed by the interim order.
&ldquo;The requirement that a person has to be a practicing Muslim for the last five years before he can dedicate a property as waqf (Section 3(r)) has been stayed until the state governments rules are framed for examining whether a person is a practicing Muslim or not. Without any such rule/ mechanism, the provision will lead to an arbitrary exercise of power,&rdquo; the order said.
One of the most significant interventions came in relation to Section 3C, which had vested powers in designated government officers to determine the status of Waqf properties.
The bench stayed a proviso to Section 3C(2) of the law, which said a property would not be deemed Waqf until a government officer&rsquo;s report confirmed no encroachment.
It also stayed the operation of section 3C(3), which authorised the officer to declare a property as government land and alter revenue records.
The order stalled Section 3C(4), which required the state government to direct the Waqf Board to correct its records on the basis of the officer&rsquo;s findings.
&ldquo;Permitting the collector to determine the rights is against the separation of powers; the executive cannot be permitted to determine the rights of citizens,&rdquo; it said.
The bench clarified that until the title to a property is finally adjudicated under Section 83 by the Waqf Tribunal, and subject to appeal before the High Court, neither the possession of the Waqf nor its records would be disturbed. However, during the pendency of inquiry, no third-party rights could be created in such properties, it said.
On the non-Muslim participation in Waqf Boards, the bench declined to stay the provisions but imposed limitations.
While not striking down Section 23, which deals with the appointment of chief executive officers (CEOs), the bench said, &ldquo;As far as possible, efforts should be made to appoint the CEO, who is also the ex-officio secretary of the board, from the Muslim community.&rdquo; It, however, refused to interfere with the provision mandating registration of Waqfs, observing that it was not a new requirement and had existed under earlier legislations of 1995 and 2013.
According to the Act, Waqf refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. "Another defining feature of a Waqf is that it's inalienable- which means it cannot be sold, gifted, inherited or encumbered," it states.
On May 22, the Supreme Court reserved its orders on three key issues, including the power to denotify properties declared as "waqf by courts, waqf-by-user or waqf by deed", which cropped up during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.
Apart from the issue of denotification, petitioners raised questions over the composition of state waqf boards and the Central Waqf Council, where they contended that only Muslims should operate except ex-officio members. The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the Waqf (Amendment) Act, 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".
The Centre notified the Act on April 8 after it got President Droupadi Murmu's assent on April 5.
The Lok Sabha and the Rajya Sabha passed the Waqf (Amendment) Bill, 2025 on April 3 and April 4 respectively.

The Joint Parliamentary Committee (JPC) has submitted its final report on the Waqf (Amendment) Bill, 2024, to Lok Sabha Speaker Om Birla. The bill aims to introduce transparency, accountability, and digitization in the management of Waqf properties.

JPC submits Waqf (Amendment) Bill report to Lok Sabha Speaker Om Birla

The Joint Parliamentary Committee (JPC) has submitted its final report on the Waqf (Amendment) Bill, 2024, to Lok Sabha Speaker Om Birla. The bill aims to introduce transparency, accountability, and digitization in the management of Waqf properties.

The Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill, 2024, has concluded its meeting with Lok Sabha Speaker Om Birla and submitted its final report on the bill.&nbsp;
The submission was led by JPC chairman Jagdambika Pal, accompanied by committee members Nishikant Dubey, Tejashwi Surya, Sanjay Jaiswal, and others. Notably, no opposition members were present during the submission.
Following the submission, JPC chairman Jagdambika Pal praised the committee members for their "significant contribution" in drafting the bill. He highlighted the extensive deliberations undertaken over the past five months, including 38 meetings and consultations with 250 delegations across the country.&nbsp;
"We met former judges, vice-chancellors, and other stakeholders to ensure a well-examined and comprehensive report. The bill was introduced with the intent of benefiting and improving the welfare of the poor, and I believe it will achieve that purpose," Pal told ANI.
Addressing the absence of opposition MPs during the submission, Pal stated, "Everyone has their own commitments. I had invited all members, and they actively participated in crucial amendment discussions, voting, and adoption meetings. Their contributions in shaping the bill were significant."
Committee member and BJP MP Nishikant Dubey lauded the JPC's efforts, asserting that no other committee in JPC&rsquo;s history has undertaken as much work.&nbsp;
"We received 1.5 crore representations from across the nation and held 38 meetings. I believe no bill since India's independence has been introduced for the welfare of poor Muslim families like this one. This bill will put an end to vote-bank politics," Dubey remarked.
BJP MP Tejashwi Surya echoed similar sentiments, emphasizing that the new bill aims to bring transparency, accountability, and professionalism to the management of Waqf properties.&nbsp;
"For a long time, Waqf properties were mismanaged, and there was significant opaqueness in their administration. Many entrusted with their management misused or encroached upon these properties. Additionally, several government and private lands, as well as those belonging to other faiths, were wrongfully occupied by individuals claiming to represent Waqf boards. The amendments introduced in the bill effectively address both these issues," Surya explained.
On Wednesday, the JPC adopted the draft report and the revised bill, though opposition leaders submitted dissent notes. The committee had earlier cleared the Waqf (Amendment) Bill with 25 amendments across 14 clauses.&nbsp;
The bill is expected to be presented during the Budget Session of Parliament, which begins on January 31 and continues until April 4, with the Union Budget scheduled for February 1.
The Waqf Act of 1995, originally enacted to regulate Waqf properties, has faced longstanding criticism due to mismanagement, corruption, and encroachments.&nbsp;
The Waqf (Amendment) Bill, 2024, seeks to resolve these challenges by introducing key reforms, including digitization of records, enhanced audits, increased transparency, and legal mechanisms to reclaim illegally occupied properties.

The Joint Parliamentary Committee approved all amendments by the NDA to the Waqf (Amendment) Bill, while rejecting opposition changes.

BJP-led NDA amendments accepted, Opposition's defeated in Waqf committee

The Joint Parliamentary Committee approved all amendments by the NDA to the Waqf (Amendment) Bill, while rejecting opposition changes.

The Joint Parliamentary Committee scrutinising the Waqf (Amendment) Bill on Monday adopted all amendments proposed by the ruling BJP-led NDA members and negated every change moved by opposition members.
The committee chairman Jagdambika Pal told reporters after the meeting that amendments adopted by the committee will make the law better and more effective. However, opposition MPs decried the meeting's proceedings and accused Pal of "subverting" the democratic process.
"It was a farcical exercise. We were not heard. Pal has acted in a dictatorial manner," TMC MP Kalyan Banerjee told reporters.&nbsp;
Pal rejected the charge, and said the entire exercise was democratic, and the majority view prevailed.&nbsp;
One of the more significant amendments proposed by the committee is that the existing Waqf properties cannot be questioned on the grounds of 'Waqf by user', which existed in the current law but will be omitted in the new version, if the properties are being used for religious purposes.&nbsp;
Pal said the amendments moved by the NDA members in 14 of the Bill's clauses have been accepted. Opposition members moved hundreds of amendments in all 44 clauses and all of them were defeated by vote, he added.

The Trust is handling a mega project under which a mosque, a charity hospital, and a community kitchen is supposed to be built.

Ayodhya: trust overseeing mosque construction puts plan for hospital on hold for this reason

The Trust is handling a mega project under which a mosque, a charity hospital, and a community kitchen is supposed to be built.

The paucity of funds has forced the Indo-Islamic Cultural Foundation Trust to defer the construction of a hospital in Ayodhya's Dhannipur, the location where the Waqf board was granted land after the historic Ram Mandir Supreme Court verdict in 2019.
According to its members, the trust had originally planned to build the hospital first, and a mosque later, but was held back by the lack of money it is required to pay in fees and development charges.
Athar Hussain, the secretary and spokesperson of the trust, said the project will now be taken up in several small phases.
"We have put the project on hold for now due to paucity of funds. Despite the difficulty, we will not shelf the project, but will change the strategy. We will divide the project into several small projects," Hussain told PTI.
"We will submit a new map of the mosque to the Ayodhya Development Authority. The mosque will take less money to build. It will be very easy to arrange it," he said.
According to Hussain, the mosque, to be built over 15,000 square feet, will cost Rs 8-10 crore and will be powered with solar panels.
Hussain said the mosque was supposed to come after the hospital, but the trust could not shore up Rs 300 crore needed to build it.

Hours after the Supreme Court halted Ganesh Chaturthi festivities at the Idgah Maidan in Bengaluru, the Karnataka High Court allowed a similar event at the Idgah Maidan in Hubbali.
The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.
The petitioner had challenged the Ganesh fest at the ground claiming that it is conversion of a place of worship.
The Karnataka High Court reportedly observed that the ground is the municipal corporation's property, and it can take such decisions, but Ramzan and Bakr Id festivities cannot be interfered with.
Earlier in the day, the Supreme Court had ordered status quo at the Idgah Maidan in state capital Bengaluru. The order came after the Karnataka Waqf Board challenged the state's decision and Karnataka High Court's endorsement of a Ganesh Chaturthi festival at the ground.
 

Ganesh Chaturthi allowed at Hubbali Idgah by HC, hours after Supreme Court paused fest in Bengaluru

The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.

Hours after the Supreme Court halted Ganesh Chaturthi festivities at the Idgah Maidan in Bengaluru, the Karnataka High Court allowed a similar event at the Idgah Maidan in Hubbali.
The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.
The petitioner had challenged the Ganesh fest at the ground claiming that it is conversion of a place of worship.
The Karnataka High Court reportedly observed that the ground is the municipal corporation's property, and it can take such decisions, but Ramzan and Bakr Id festivities cannot be interfered with.
Earlier in the day, the Supreme Court had ordered status quo at the Idgah Maidan in state capital Bengaluru. The order came after the Karnataka Waqf Board challenged the state's decision and Karnataka High Court's endorsement of a Ganesh Chaturthi festival at the ground.
ALSO WATCH: <a href="https://www.editorji.com/india-news/sc-halts-ganesh-chaturthi-fest-at-idgah-maidan-in-bengaluru-after-waqf-board-plea-1661864733250">Supreme Court halts Ganesh Chaturthi fest at Idgah Maidan in Bengaluru on Waqf Board plea</a>

Amid a brewing face-off over Ganesh Chaturthi celebration at the Idgah Maidan in Karnataka's Bengaluru, the Supreme Court ordered "status quo", thus halting the festivities.
The top court issued the interim order on a petition filed by the Karnataka Waqf Board, which challenged the Karnataka High Court's permission for a Ganesh festival at the Idgah Maidan.
The state government was reportedly organising the religious event for 2 days. The Waqf Board claimed that the ground is Waqf property, and no such religious festivals have been held at the venue for 200 years.
The state government's lawyer had appealed to the Supreme Court to allow a government-managed temple for 2 days. The state also said that no permanent structures would be built.

SC halts Ganesh Chaturthi fest at Idgah Maidan in Bengaluru after Waqf Board plea

The Waqf Board claimed that the ground is Waqf property, and no such religious festivals have been held at the venue for 200 years.

Amid a brewing face-off over Ganesh Chaturthi celebration at the Idgah Maidan in Karnataka's Bengaluru, the Supreme Court ordered "status quo", thus halting the festivities.
The top court issued the interim order on a petition filed by the Karnataka Waqf Board, which challenged the <a href="https://www.editorji.com/india-news/politics/hijab-row-supreme-court-issues-notice-to-karnataka-govt-reprimands-petitioners-1661763917406">Karnataka High Court</a>'s permission for a <a href="https://www.editorji.com/entertainment-news/bollywood/ganesh-chaturthi-2022-injured-shilpa-shetty-and-her-husband-raj-kundra-welcome-lord-ganesha-home-1661841663219">Ganesh festival</a> at the Idgah Maidan.
The state government was reportedly organising the religious event for 2 days. The Waqf Board claimed that the ground is Waqf property, and no such religious festivals have been held at the venue for 200 years.
The state government's lawyer had appealed to the <a href="https://www.editorji.com/india-news/why-abuse-modern-medicine-system-supreme-court-raps-baba-ramdev-1661249607653">Supreme Court</a> to allow a government-managed temple for 2 days. The state also said that no permanent structures would be built.
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