The Supreme Court has stayed certain provisions of the Waqf (Amendment) Act 2025. A bench comprising Chief Justice of India BR Gavai and Justice AG Masih stayed the provision that a person should be a practitioner of Islam for 5 years to create a Waqf till State Governments frame rules regarding the determination of this condition.

 

 

 

The provision allowing the designated officer of the Government to decide the dispute whether a Waqf property has encroached upon a Government property has been stayed with the observation that an Executive Officer cannot be permitted to adjudicate the rights of personal citizens and this will violate the separation of powers. However, till adjudication happens by the Tribunal, no third party rights can be created against any party.

 

 

 

The provision allowing the nomination of non-Muslim members to the Waqf Boards has not been stayed. However, the Court observed that, as far as possible, the ex officio member of the Board should be a Muslim person. The Court observed that for the Central Waqf Council, it shall not consist of more than 4 non-muslim members, and for the State Waqf Board, not more than 3 non-Muslim members.