Supreme Court Stays Key Provisions of Wakf Amendment Act 2025

A few months ago, during the Budget Session, the Wakf (Amendment) Act 2025 was introduced in Parliament and faced opposition in various parts of the country. Despite that, it was passed with a majority in both Houses and later received Presidential assent.

Now, the Supreme Court has intervened and stayed certain provisions of this law while hearing multiple petitions filed against it.

What Happened in Court?

The case was heard by a two-judge bench led by Chief Justice B.R. Gavai. A total of five petitions were filed challenging the law. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Rajeev Dhavan represented the petitioners. Solicitor General Tushar Mehta appeared on behalf of the government.

No Decision Yet on ‘Wakf by User’

The Court has not passed any order regarding the "Wakf by user" clause, which allows properties under long-term possession by Wakf bodies to be considered Wakf properties — even without proper documentation.

Key Supreme Court Observations:

1. Who Can Be a Wakf Board Member?

• Earlier Provision: The amendment mandated that only those who had followed Islam for more than five years could become a member of the Wakf Board.
• Supreme Court Ruling: The court stayed this provision. Until appropriate rules are framed by state governments, this condition will not apply.

2. Number of Non-Muslim Members in the Wakf Board

• Earlier Provision: The amendment allowed non-Muslim members among the 11 board members.
• Supreme Court Ruling: No more than 3 non-Muslim members are allowed in the Wakf Board. Similarly, no more than 4 non-Muslims in the Central Wakf Council. Also, wherever possible, the CEO should be a Muslim member.

3. Collector’s Powers on Property Encroachment

• Earlier Provision: The district collector had the authority to decide whether a property encroached by the Wakf Board was government land or not.
• Supreme Court Ruling: The court stayed this provision, stating that a district collector cannot be allowed to decide on an individual's private rights. It would violate the principle of separation of powers.

Background of the Law

The Wakf (Amendment) Bill 2025 was passed in both Houses during the Budget Session. It received overwhelming support with 288 votes in Lok Sabha and 232 votes in Rajya Sabha. President Droupadi Murmu gave her assent on 5 April 2025, making it law.

However, several petitions were later filed in the Supreme Court seeking to strike down the law. While the court refused to scrap the law entirely, it has stayed certain controversial provisions.

Status: The law remains in force, but with key parts stayed until further orders.