Supreme Court’s Interim Verdict on Waqf Amendment Bill 2025: Key Provision Suspended
SC Stays Clause Requiring Five-Year Muslim Practice for Waqf Creation
In a landmark development, the Supreme Court of India has issued a key interim order on the Waqf Amendment Act 2025, passed earlier this year by both houses of Parliament. While the apex court declined to stay the entire Act, it suspended specific provisions, including the controversial clause requiring a person to be a practicing Muslim for five years to create a Waqf
Key Highlights of the Supreme Court Order
❌ Five-Year Muslim Practice Clause Suspended
❌ Collector’s Power to Recognize Waqf Properties Stayed
✅ Mandatory Central Portal Registration Upheld
⚠️ Limit on Non-Muslim Members in Waqf Boards Imposed
⚖️ No Stay on Entire Act; Constitutionality Presumed
The court emphasized that no third-party rights should be created until disputes are resolved and clarified that Waqf Boards should predominantly consist of Muslim members, though a limited number of non-Muslim members may be included
Political Context: NDA’s Push for Reform
The BJP-led NDA government, now in its third term, introduced the Waqf Amendment Bill as part of its broader reform agenda. The bill aims to curb alleged misuse of Waqf properties, reduce bureaucratic overreach, and increase transparency. The government asserts that the bill is not religiously motivated, but rather a step toward accountability and land reform.
Support for the bill has come from NDA allies including Telugu Desam Party (TDP), JDU, Shiv Sena, and JDS, while opposition parties have criticized it as discriminatory. The bill follows other major legislative moves such as Triple Talaq abolition, Article 370 revocation, CAA, and the Women’s Reservation Bill.
Community Reactions & Legal Challenges
Several Muslim community members and leaders have challenged the bill in court, citing concerns over religious autonomy and property rights. The Supreme Court’s interim order has sparked mixed reactions, with Hindu groups alleging bias, and Muslim petitioners welcoming the suspension of key clauses
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