Supreme Court refuses to stay Waqf Amendment Act, but pauses key provisions
On 15 September 2025, the Supreme Court declined to stay the Waqf (Amendment) Act, 2025 as a whole but stayed the five-year 'practising Islam' condition and the Collector's powers over disputed waqf property.
Summary
The Supreme Court of India passed an interim order on 15 September 2025 on petitions challenging the Waqf (Amendment) Act, 2025. A bench of Chief Justice B.R. Gavai and Justice A.G. Masih held that no case was made out to stay the entire statute. The Court stayed the condition that only a person practising Islam for at least five years can create a waqf, until State Governments frame rules for a mechanism to determine this. It also stayed the provisions under Section 3C that let a Collector or designated officer treat a property as no longer waqf during an inquiry and order changes in revenue records, observing that letting the executive decide citizens' rights would violate the separation of powers. The Court directed that the Central Waqf Council should not have more than 4 non-Muslim members and State Waqf Boards not more than 3. It declined to stay Section 23, but said an effort should be made, as far as possible, to appoint the Board's Chief Executive Officer from the Muslim community.
Key facts
- Date / bench
- 15 Sep 2025; CJI B.R. Gavai and Justice A.G. Masih
- Whole Act
- No stay on the entire statute
- Stayed
- Five-year 'practising Islam' condition (till State rules); Collector's powers under Section 3C during inquiry
- Non-Muslim members
- Max 4 in Central Waqf Council; max 3 in State Boards
- Section 23
- Not stayed; CEO to be appointed from the Muslim community as far as possible
- Principle cited
- Executive deciding citizens' rights violates separation of powers
Practice MCQs 4 questions
Which bench of the Supreme Court passed the interim order on the Waqf (Amendment) Act, 2025 on 15 September 2025?
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Correct answer: C — CJI B.R. Gavai and Justice A.G. Masih
The interim order of 15 September 2025 was passed by a bench of Chief Justice of India B.R. Gavai and Justice A.G. Masih.
Under the Supreme Court's interim directions on the Waqf (Amendment) Act, 2025, what is the maximum number of non-Muslim members allowed in the Central Waqf Council and in a State Waqf Board, respectively?
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Correct answer: A — 4 and 3
The Court directed that the Central Waqf Council should not have more than 4 non-Muslim members and a State Waqf Board not more than 3, recording the Solicitor General's statement to the same effect.
Consider the following statements about the Supreme Court's interim order of 15 September 2025 on the Waqf (Amendment) Act, 2025: 1. The Court stayed the operation of the entire Act until the petitions are finally decided. 2. The condition that a person must be practising Islam for at least five years to create a waqf was stayed until State Governments frame rules for a mechanism to determine it. Which of the above is/are correct?
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Correct answer: B — 2 only
Statement 1 is incorrect: the Court found no case to stay the entire statute. Statement 2 is correct: the five-year condition was stayed until State Governments frame rules, since without a mechanism it could lead to arbitrary exercise of power.
While staying the Collector's powers to decide disputes over waqf property under the amended Act, which constitutional principle did the Supreme Court say would be violated if the executive determined citizens' rights?
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Correct answer: D — Separation of powers
The Court said permitting the Collector to adjudicate the rights of citizens would violate the separation of powers, and stayed those provisions until the Waqf Tribunal decides.