The Supreme Court of India has issued a significant order regarding the Waqf (Amendment) Act, 2025, staying several key provisions that had sparked nationwide protests. The bench, led by Chief Justice of India B.R. Gavai and Justice A.G. Masih, made it clear that while they would not suspend the entire statute, certain sections warranted immediate protection due to concerns over potential arbitrary exercise of power.

One of the primary concerns raised and addressed by the court was the sweeping powers granted to the District Collector under the new law. The Act had empowered the Collector to act as the final arbiter in matters related to Waqf property ownership. The court stated that allowing the Collector to adjudicate the rights of private citizens would violate the separation of powers principle. Consequently, the provision dealing with such powers has been stayed, ensuring that no third-party rights can be created against any party until adjudication occurs by a tribunal.

Another crucial provision that was put on hold is the clause stating that only a person practicing Islam for at least five years can declare a Waqf. Chief Justice Gavai noted that without a proper mechanism to verify this, the provision could lead to arbitrary use of power. The court has directed that this provision be paused until state governments frame rules providing a mechanism to determine whether a person has been practicing Islam for five years or more.

The Supreme Court also addressed the composition of Waqf boards and the Central Waqf Council, stating that there should not be more than three non-Muslim members on a Waqf board and no more than four non-Muslims in the Central Waqf Council.

The Waqf (Amendment) Act, 2025, has been a subject of intense debate and controversy. Muslim bodies and other petitioners challenging the law argued that it could lead to illegitimate claims on Waqf properties and represented a "creeping acquisition" of Muslim properties. The government, however, defended the amendments as necessary to counter rampant encroachment on public and private properties.

The Waqf Board is a statutory body that manages properties donated by Muslims for religious, charitable, or community purposes. These properties, known as Waqf, can include mosques, graveyards, madrasas, dargahs, agricultural land, schools, shops, and other institutions. Once a property is declared as Waqf, it becomes inalienable, meaning it cannot be sold, gifted, or inherited. There are 30 state Waqf boards that collectively control a substantial amount of land and properties, making the Waqf Board one of the largest landowners in the country.

The legal framework governing Waqf properties is provided by the Waqf Act, with the first comprehensive legislation enacted in 1954 and subsequently replaced and amended over the years. The recent amendments in 2025 aimed to further strengthen the law, but have faced significant opposition and legal challenges.

The Supreme Court's interim order comes after hearing arguments from both sides over several days. The court acknowledged the presumption in favor of the constitutionality of a statute but emphasized the need to protect citizens from potential abuses of power. The decision has been met with mixed reactions, with some expressing satisfaction and others awaiting the final verdict. The matter will continue to be heard, and the Supreme Court's final decision will have significant implications for the management and protection of Waqf properties in India.