In a significant interim order, the Supreme Court of India has upheld the constitutional validity of the Waqf (Amendment) Act, 2025, while pausing or modifying certain provisions that raised legal and constitutional concerns. The verdict was delivered by a bench led by Chief Justice BR Gavai and Justice AG Masih.
The Court emphasized that laws passed by Parliament can only be struck down in rare situations—when they are clearly unconstitutional, arbitrary, or beyond legislative powers. Petitioners had challenged the Act, arguing it violated fundamental rights under Articles 14, 15, 25, and 26 of the Constitution.
Instead of invalidating the law entirely, the Court struck a balance—upholding the reform’s core framework but suspending provisions that could lead to misuse.
Provisions Upheld
- Mandatory Registration: All Waqf properties must be registered.
- End of Waqf by Usage: Customary practice alone cannot grant Waqf status without documentation.
- Tribal Lands Protection: Waqf cannot be declared on Scheduled Tribe lands.
- Ancient Monuments: Archaeological Survey of India (ASI)-notified monuments cannot be claimed as Waqf.
- Non-Muslim Participation: Non-Muslims can serve on state Waqf boards, though CEOs should “preferably” be Muslim.
- Creation of Waqf by Non-Muslims: Barred, but donations through trusts remain allowed.
- Application of Limitation Act: Time limits on Waqf disputes brought in line with property laws.
Provisions Stayed
- Practicing Muslim Clause: Five-year requirement for Waqf creators suspended until clarified.
- Automatic De-Recognition: Government cannot unilaterally de-recognize Waqf property without judicial review.
- Non-Muslim Membership Cap: Membership restrictions reduced to prevent discrimination.
Impact and Implications
The ruling allows the government to move forward with its secularization of religious property laws, while also curbing administrative overreach. Analysts say the decision reflects the Court’s cautious but reform-friendly stance.
The order also signals how the judiciary might approach future debates on the Uniform Civil Code (UCC), which aligns with the ruling party’s larger “One Nation” vision, including “One Nation, One Election.”
By upholding most provisions, the Court has preserved the government’s reform agenda, while ensuring checks against misuse. The Waqf (Amendment) Act, 2025 now stands as both a progressive legal reform and a symbol of India’s evolving secularism.
