The Supreme Court of India has issued an interim order regarding the Waqf (Amendment) Act, 2025, declining to suspend the entire Act but staying certain provisions that raised concerns about citizens' rights and the separation of powers. The bench, headed by Chief Justice B.R. Gavai and Justice A.G. Masih, addressed petitions challenging the law, which has sparked considerable political debate and protests across India.

One of the key provisions stayed by the court is the requirement that a person must have practiced Islam for at least five years to dedicate property as Waqf. The court stated that this provision would remain on hold until state governments frame rules for determining whether a person has been practicing Islam for that duration. The court reasoned that, without such a mechanism, the provision could lead to an arbitrary exercise of power.

The Supreme Court also addressed the composition of Waqf boards, directing that the number of non-Muslims in state Waqf boards and the Central Waqf Council cannot exceed three. This measure was deemed necessary to protect certain provisions while allowing the bulk of the Act to remain in force.

Another significant provision stayed by the court was one that empowered a Collector to determine whether a property declared as Waqf was government-owned. The court noted that allowing the Collector to adjudicate citizens' rights would violate the principle of separation of powers. The Supreme Court also stayed the provision that a Waqf property would not be treated as such until a designated government officer submits a report on whether there is encroachment. Sections outlining the officer's duty to correct revenue records if the property is deemed governmental and instructing the Board to make corrections based on the report were also stayed. The court emphasized that the executive branch cannot be permitted to determine the rights of citizens.

The Waqf Act of 1995 defines Waqf as the permanent dedication of movable or immovable property for purposes recognized by Muslim law as pious, religious, or charitable. Once a property is declared as Waqf, it becomes inalienable, meaning it cannot be sold, gifted, or inherited. The Waqf (Amendment) Act, 2025, made major changes to this law, including mandating the registration of properties with district collectors, government nomination of board members, and the inclusion of women and non-Muslims in Waqf administration. The government has argued that these measures will bring transparency and accountability, while the opposition has criticized the move as politically motivated.

The Waqf Act, 1995, requires the Central Waqf Council and State Waqf Boards to consist mostly of Muslims. The Waqf (Amendment) Bill alters their composition to mandate the presence of non-Muslim members. It also permits non-Muslim members to be in a majority in the Waqf Council and State Waqf Boards.

The Supreme Court's interim order reflects a careful balancing act, allowing the majority of the Waqf (Amendment) Act, 2025, to remain in force while addressing specific concerns about its potential impact on individual rights and the structure of governance. The court has effectively put on hold provisions regarding dedication of property, Collector's powers, and Waqf board composition. This decision follows petitions challenging the law and aims to ensure that the Act operates within constitutional boundaries.