The Supreme Court has issued a partial stay on the Waqf Amendment Act, specifically suspending certain provisions. One key aspect put on hold is the requirement that individuals must be practicing Muslims for five years to establish a Waqf. The court also limited the number of non-Muslim members on the Waqf board, stipulating a maximum of three members and a total of no more than four. The court stated that the rule regarding who can create a Waqf will be paused until guidelines are established to assess whether someone is a practicing Muslim. Additionally, the provision empowering a Collector to decide if a property declared as Waqf is government property, and to issue orders, was also stayed. Chief Justice of India Justice BR Gavai highlighted that Collectors cannot adjudicate citizens’ rights, as this violates the separation of powers. Advocate Anas Tanweer, the petitioner challenging the Act, noted that the court recognized a prima facie case for a stay on specific provisions, particularly the five-year practice rule due to the lack of a verification mechanism. Congress MP Imran Pratapgarhi welcomed the decision, viewing it as a check on government actions and a relief for those donating land. The Waqf (Amendment) Bill, 2025, received Presidential assent on April 5, following parliamentary debates. The Central government had argued against a stay, maintaining that constitutional courts typically do not stay statutory provisions and would issue a final decision. The government’s stance was that the amendments focused on the secular management of properties and did not infringe on religious freedoms. Solicitor General Tushar Mehta, representing the Centre, pointed out that the 2013 amendment granted such rights to non-Muslims, but the original 1923 law did not allow non-Muslims to create Waqfs due to concerns about potential misuse.
