The Supreme Court has partially stayed the Waqf Amendment Act of 2025, specifically putting on hold certain provisions. One of the provisions stayed mandates that a person must be a practicing Muslim for five years to establish a Waqf. The court also limited the number of non-Muslim members on the board to a maximum of three, with a total of no more than four non-Muslim members permitted. The stay on the provision regarding the creation of a Waqf will remain in effect until rules are established to determine who qualifies as a practicing Muslim. The court also blocked the provision empowering a Collector to determine if a property declared as Waqf is government property, citing a violation of the separation of powers. Chief Justice of India, Justice BR Gavai, stated that Collectors should not adjudicate the rights of individual citizens. The court’s ruling stipulates that third-party rights cannot be created until the tribunal makes a decision, and the provision giving power to the collector will remain stayed.
The Waqf (Amendment) Bill, 2025, aims to rectify issues in the management of Waqf properties by addressing the shortcomings of the 1995 Act. It focuses on enhancing the efficiency of Waqf boards, updating the definitions of waqf, improving the registration process, and increasing the use of technology in managing Waqf records. The bill addresses issues such as the irrevocability of Waqf properties, legal disputes, illegal occupation of Waqf land, mismanagement, ownership disputes, delays in property registration and surveys, and large-scale litigation. The bill seeks to remove waqf by user and allow formation only through declaration or endowment. It requires donors to be practicing Muslims for at least five years and to own the property. The bill also states that Waqf-alal-aulad cannot deny inheritance rights to female heirs. Any government property identified as Waqf will cease to be considered as Waqf. The bill grants the Collector the authority to resolve ownership disputes and conduct surveys, requiring them to submit reports to the state government and conduct surveys according to state revenue laws. For the Central Waqf council composition, the Waqf bill states that two members must be non-Muslims; however, MPs, former judges, and eminent persons need not be Muslims. Representatives of Muslim organizations, Scholars in Islamic law, Chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women. The bill empowers the state government to nominate one person from each background to the Waqf Board and they need not be Muslims. The Board must have: two non-Muslim members, at least one member each from Shias, Sunnis, and Backward classes of Muslims, one member each from Bohra and Agakhani communities (if there is Waqf in the state) and two Muslim members must be women. The Central government is empowered to make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards. The Bill further empowers the central government to get these audited by the CAG (Comptroller and Auditor General) or a designated officer. The Bill omits provisions deeming finality to Tribunal’s decisions and allows appeals to the High Court within 90 days. Separate Waqf boards have been allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.
