Waqf Amendment Act: Supreme Court declines to stay entire statute, but halts operation of two major provisions

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On September 15, 2025, the Supreme Court of India refused to suspend the entire Waqf (Amendment) Act, 2025, citing the legal principle that statutes are presumed constitutional. However, the Court stayed three major provisions of the Act pending further review. (The Economic Times)

The provisions frozen include:

  • The requirement that a person must have practised Islam continuously for five years before creating a waqf (endowment). (Telangana Today)
  • A clause empowering a government-nominated collector to decide whether a property declared as waqf is actually government property. (Hindustan Times)
  • Other provisions under review are those regarding certain classifications of waqf status and administrative powers. (Telangana Today)

The Bench, led by Chief Justice B. R. Gavai and Justice Augustine George Masih, noted that no prima facie case was made out to stay the entire law. (LawBeat)


 

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