The Supreme Court has given a big verdict on an interim hearing on the petitions challenging the validity of the Waqf (Amendment) Act, 2025. The Supreme Court ordered a ban on some sections of the Waqf (Amendment) Act, 2025. The court stayed the provisions related to Waqf makers and disputes of encroachment, as well as recommendations on the formation of Waqf boards. The order of the Supreme Court said that the new law has not been made a case of completely postponing the Waqf Act during the hearing of a large case of constitutional challenges. A bench headed by Chief Justice of India BR Gawai said that we have found that the entire Act has been challenged, but the original challenge was Section 3 (R), 3C, 14. We have studied the legislative history of the 1923 Act and have considered prima facie challenge for each section and there was no provision to listen to the parties for the entire law. But we have ordered the sections that have been challenged.
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Rules to practice Islam for five years postponed
Section 3 (1) (R), under which it is mandatory for a person to practice Islam for five years to create a Waqf. The court said that this provision will remain postponed until the state governments make rules to verify this requirement.
Prohibition on provisions related to Waqf property verification
The Supreme Court has also stayed the provision of Section 3C (2), stating that no property would be considered as Waqf property unless a government official informs the possible encroachment. Section 3C (3), under which it was also suspended for the officer to update the revenue records and report to the state government if the property is government.
District Collector powers banned
The court banned Section 3C (4), which allowed the district collector to determine whether any property was government and could pass the order. Chief Justice BR Gavai said, “It is against the separation of the powers to determine the rights to the Collector. No executive can be allowed to determine the rights of citizens.
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Emphasis on separation of powers
Highlighting the comprehensive powers given to the District Collector, the court said that the Collector cannot be allowed to judge the personal rights of the citizens and it would be a violation of the separation of the powers. Until the judiciary is judged by the tribunal, no third-party rights can be formed against any party. The collector will be banned on the provision related to such powers. Muslim organizations opposing this Act had said that this provision could lead to illegal claims on Waqf properties.
Court warning on intervention
Chief Justice Gawai also reiterated that the five -year practice rule should be postponed. He said that without any system, it will use arbitrary power. The court stressed that it usually considers laws to be constitutional and intervene only in “rare cases”.