SC stays key provisions of Waqf Amendment Act, says no need to stay whole statute
The Supreme Court on Monday said that a person need not be a practioner of Islam for 5 years to create a waqf. However it also refused to stay the entire provision of Waqf Amendment Act, 2025. They said that only some sections of the Act needed protection and not the entire act.
New Delhi: The Supreme Court on Monday passed an interim order on the petition challenging the Waqf Amendment Act. The court noted that there was no need stay the entire statute. They however said that some sections of the Act needed protection.
The court stayed the provision in the Waqf Amendment Act 2025 requiring a person to be a practitioner of Islam for 5 years to create a waqf. This stay will continue till the day state governments frame rules to determine whether a person is a practitioner of Islam.
Non-Muslim can be Chief Executive Officer of a Waqf Board
The court directed that as far as possible the Chief Executive Officer of a Waqf Board should be a Muslim. However the apex court refused to stay the amendment which permits the appointment of a non-Muslim person as the CEO of Waqf board.
The court also stayed the provision in the Waqf Amendment Act enabling an officer designated by the government to determine the dispute whether the Waqf property has encroached a government property.
The Supreme Court had reserved its order on the Waqf Act on May 22. Before reserving the order, the court had heard the case for 3 consecutive days. The government was represented by Solicitor General Tushar Mehta, while several lawyers argued against the amendment to the Waqf Act.
The central government has strongly defended this law. They said that though 'Waqf' is an Islamic concept, it is not an essential part of Islam.