Supreme Court Halts Two Key Provisions Of Waqf Amendment Act, Limits Non-Muslim Representation

The Supreme Court of India on Monday ordered an interim stay on two contentious provisions of the recently enacted Waqf Amendment Act, 2025, after hearing a series of petitions questioning the law’s constitutional validity. A bench of justices clarified that a blanket suspension of the Act was not warranted, stating that such a move is reserved for only the “rarest of rare” situations.

The first provision put on hold required any individual wishing to create a waqf—a charitable endowment under Islamic law—to have been a practicing Muslim for a minimum of five years. Petitioners argued that this condition discriminated against individuals based on religion and violated the fundamental rights of equality and freedom of religion guaranteed by the Constitution.

The second stayed clause sought to limit the participation of non-Muslims in the administration of waqf properties by capping their representation in state waqf boards and the central waqf council at three members. Critics claimed this restriction curtailed inclusivity and undermined the secular framework of governance in India.

While granting partial relief, the apex court made it clear that the rest of the Waqf Amendment Act, 2025, will continue to operate until a final decision is reached. The law, which was passed earlier this year, aims to streamline the management of waqf properties across the country but has faced resistance from various civil rights groups and political parties who allege it gives undue control to religious authorities.

The court’s interim order ensures that the contested provisions will remain inactive while the larger constitutional issues are examined in detail in future hearings.