Key Provisions of Waqf Amendment Act Stayed by Supreme Court; 10 Important Facts

Waqf Amendment Act: The Supreme Court today gave a big decision regarding the Waqf (Amendment) Act. The apex court has stayed some provisions of the Waqf Amendment Act. The Supreme Court has said that some of these provisions will promote 'arbitrary' use of power. A bench of CJI BR Gavai and Justice AG Masih said that there is no basis to stay the entire law, but 'some sections need protection.

Expressing concern over the broad powers given to the District Collector in the new law, the court said that the Collector cannot be allowed to judge the personal rights of citizens. Also, it would violate the separation of powers. The apex court said that until a decision is taken by the tribunal, no third party right can be created against any party. The Collector will remain banned from the provision related to such powers.

10 Important things about the Supreme Court's decision

1. Ban on the provision of the Waqf Amendment Act 2025 which required a person to be a follower of Islam for at least 5 years to create a Waqf.
2. From the commencement of the investigation until the final decision – and subject to further orders of the High Court – no third party property rights will be created.
3. The State Wakf Board shall have not more than 3 non-Muslim members out of the total 11 members. The Central Wakf Council shall have not more than 4 non-Muslim members in total.
4. The apex court said that the presumption of constitutional validity of any law lies in its favour. Only in extremely rare cases can the entire law be stayed.
5. The Supreme Court said that the Collector cannot decide the personal rights of citizens, this is the job of the tribunal.
6. The system of registration of Waqf property was earlier in force from 1995 to 2013 and has now been implemented again.
7. The court said that the right of the designated officer to challenge the revenue records and giving the collector the power to determine property rights was against the separation of powers.
8. The Waqf will not be taken away from the property until the title is decided.
9. The Supreme Court also suspended Section 23 of the Waqf Act which stated that the ex-officio officer must be from the Muslim community.
10. Therefore, the apex court has stayed Section 3(r), Section 2(c), Section 3(c) and Section 23 of the Waqf Amendment Act, 2025.