Waqf (Amendment) Act 2025: SC suspends key clauses while upholding others. Here's what the order said
&imwidth=600&imheight=450&format=webp&quality=medium "Waqf (Amendment) Act 2025: SC suspends key clauses while upholding others. Here's what the order said")
Supreme Court of India Photograph: (File image)
The Supreme Court temporarily suspended clauses of the Waqf (Amendment) Act, 2025, including provisions on property classification and eligibility for creating Waqf. However, key provisions of the law remain intact
The Supreme Court on Monday (September 15) declined to suspend the Waqf (Amendment) Act, 2025 in its entirety but has stayed certain provisions, including one that grants the collector authority to determine whether a Waqf property is government-owned and issue related orders. The bench, led by Chief Justice BR Gavai and Justice AG Masih, issued this interim ruling on whether the provisions should be stayed or not. Additionally, the court put on hold a provision requiring a person to have practiced Islam for at least five years in order to establish a Waqf.
What is the Waqf Board?
The Waqf Board is a statutory body responsible for overseeing properties donated by Muslims for religious, charitable, or community purposes. These properties—known as Waqf—can include mosques, graveyards, madrasas, dargahs, agricultural land, schools, shops, and other community institutions. Once designated as Waqf, these properties cannot be sold, transferred, or inherited.
Across India, 30 state Waqf boards manage approximately 9.4 lakh acres of land and 8.7 lakh properties, valued at over ₹1.2 lakh crore. This makes the Waqf Board the third-largest landowner in the country, following Indian Railways and the armed forces. These properties are administered by "mutawallis" (trustees) under the boards’ supervision. However, the system often faces challenges like property disputes, illegal occupation, and concerns over accountability.
Also Read: Waqf Bill to be tabled in Lok Sabha April 2. Why is opposition against it, what is the row?
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What is the Waqf Act?
The Waqf Act governs the administration and management of Waqf properties. The original law, enacted in 1954, was replaced by the Waqf Act of 1955 and subsequently amended in 1995 and again in 2013. Under the Waqf Act, all Waqf properties must be surveyed, registered with state boards, and published in official gazettes. The Act also established the Central Waqf Council to guide government policies and oversee the functioning of state boards. Special tribunals are designated to resolve Waqf property disputes, with the possibility of appeals to higher courts.
According to the 1995 Waqf Act, Waqf is defined as the permanent dedication of property for purposes that align with Islamic law, such as religious, charitable, or pious activities. The law mandates that each state establish a Waqf Board as the custodian of such properties.
The New Amendment
The Waqf (Amendment) Bill, 2025, received presidential approval in April 2025, after being passed by Parliament, and became law. The amendment introduced significant changes, such as requiring Waqf properties to be registered with district collectors, allowing for government-appointed members on Waqf boards, and including both women and non-Muslims in the management of Waqf. While the government asserts that these reforms are designed to improve transparency and accountability, critics argue that they are politically charged and unfairly target Muslim interests.
