SC refuses to stay entire waqf law, stalls certain provisions

The Supreme Court refused to stay the Waqf law but halted specific provisions, including restrictions on who can create waqf and government authority to resolve disputes. It upheld constitutional presumption while awaiting detailed judgment on the Waqf (Amendment) Act, 2025

New Delhi: The Supreme Court on Monday refused to stay the Waqf law, saying there was a “presumption” of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.

Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.” The top court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.

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It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.

“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,…,” the CJI said.

It directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO.

It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.

The detailed judgement is awaited.

The top court on May 22 had reserved its order 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.