Supreme Court stays certain provisions of Waqf Amendment Act
October 2, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Supreme Court stays certain provisions of Waqf Amendment Act; 5-year Islam practice condition on hold

The Supreme Court on September 15 stayed key provisions of the Waqf Amendment Act, including the five-year Islam practice requirement to create Waqf and the Collector’s power to decide ownership of Waqf properties, citing constitutional concerns

WEBDESKWEBDESK
Sep 15, 2025, 12:00 pm IST
inBharat, Delhi
Follow on Google News
Facebook
Twitter
WhatsAppTelegramEmail

The Supreme Court on September 15, while refusing to stay the entire Waqf Amendment Act, stayed certain provisions of it, putting on hold the provision that mandated a person should be a practitioner of Islam for 5 years to create a Waqf. The top court has also said that no more than 3 non-muslim members should be present in the board, and only a total 4 non-muslim members are to be present.

The Supreme Court has said that the provision on limiting who can create a Waqf will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The top court also stayed the provision of Waqf Act which empowered a Collector to determine whether a property declared as Waqf is a government property and pass orders.

Chief Justice of India Justice BR Gavai noted that Collectors “cannot be permitted to adjudicate rights of personal citizens and this will violate separation of powers.”

“Till adjudication happens by the tribunal, no third party rights can be created against any parties. The provision dealing with such powers to collector shall remain stayed. We also hold that Not more than 3 non muslim members in the waqf board and in total not more than 4 non-muslim members,” the top court said.

Advocate Anas Tanweer (petitioner who filed plea challenging Waqf Act) said, “The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years, have been stayed because there is no mechanism to determine whether someone has been a Muslim for five years or not… As far as non-Muslim members are concerned, the court has said that in the Waqf Board, it cannot be more than 3 and not more than 4 in Section 9, and on the registration, the court has apparently extended the time limit but has not stayed the provision…”

Congress MP Imran Pratapgarhi said, “This is a really good decision. The Supreme Court has reined in the conspiracy and intentions of the Government. People who donate their land were fearful that the government would attempt to grab their land. This is a relief to them…How will the Govt decide who has been a practising Muslim for 5 years? This is a matter of faith…Govt took note of all these aspects…We will continue the fight…”

President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which Parliament earlier passed after heated debates in both Houses.

The Union government had earlier urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and would decide the matter finally.

Also Read: Jharkhand: Top Maoist commander with 1 crore bounty, 2 others neutralised in encounter in Hazaribagh

The Union, in its affidavit, had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.

Regarding the provision of barring non-muslims from creating Waqf, Solicitor General Tushar Mehta, representing the Centre, had said that only in the 2013 amendment, non-Muslims were given such rights, but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors.

(with inputs from ANI)

Topics: Islam PracticeSupreme CourtWaqf BoardWaqf Amendment actBR Gavai
Share
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Odisha: Cow smuggling foiled in Mayurbhanj; 24 cows rescued, three pickup vans seized, three drivers arrested

Next News

Terrorists shift to bunkers and forests in J&K as lack of local support and government security measures force change

Related News

Supreme Court allows UPI Merchant Discount Rate framework to proceed; Urges govt to explain legal basis of the policy

AI-generated Image

Bar social media firms from adding minors, frame statutory rules: Supreme Court tells government

SC has overturned the Bombay High Court’s decision granting default bail to an accused in a PFI-linked UAPA case

PFI-linked UAPA case: Supreme Court overturns default bail, directs accused to surrender

Left: Danam Nagender as a winning BRS MLA; Centre: Rahul Gandhi and Revanth Reddy; Right: Danam Nagender.

BJP Telangana welcomes SC verdict on MLA Danam’s disqualification; calls Rahul Gandhi’s ‘Samvidhan Bachao’ a fake drama

SIR Spares None: Jaishankar, Judges & Elites Flagged — Delhi’s Voter Blitz Crushes ‘Targeting Poor & Muslims’ Narrative

SIR Spares None: Jaishankar, Judges & Elites Flagged — Delhi’s Voter Blitz Crushes ‘Targeting Poor & Muslims’ Narrative

Tamil Nadu: SC gives TVK government 3 months to identify land for Navodaya schools, asks reconsider position on Hindi

Load More

Latest News

Former Prime Minister Lal Bahadur Shastri with Bharatiya Jawans

Red Shadow against Lal Bahadur : from ‘Shastri Vrat’ to ‘Tashkent’

Tamil Nadu: Western Ghats Lit Fest 2026 to celebrate ‘Bharat Rising’ in Coimbatore on October 24–25

From Bombs to Ballots: How Nanoor’s sea of women is rewriting Bengal’s violent political history

Birth Anniversary of Mahatma Gandhi: Examining Hind Swaraj through the lens of the Thirukkural

The RSS has the strength to make India great — Gandhi

Lal Bahadur Shastri Jayanti: The “Shastri Vrat” – Epitome of simplicity and commitment

(Left) Rashtriya Janata Dal (RJD) MP Manoj Jha, centre, advocate Prashant Bhushan, left, and All India Students' Association (AISA) National President Neha Bora address a press conference calling for a protest at Jantar Mantar on October 2 to demand the resignation of Chief Election Commissioner Gyanesh Kumar, in New Delhi (Right) Traffic Restrictions Near Jantar Mantar on October 2; Delhi Police Issues Advisory

CJP 2.0 protest threat: Delhi Police issues traffic advisory, diversions near Jantar Mantar, Connaught Place

Women’s Health Takes Centre Stage at Hindu Community Seminar in New Zealand

NZ Hindu Women’s Forum, HPANZ host women’s health and wellbeing seminar in Wellington

A UK-Iranian dual national has been arrested on suspicion of preparation of terrorist acts in connection with the incident at RAF Fairford, counter-terror police have said

RAF Fairford Terror Plot: UK-Iranian dual national arrested; British Police probe possible Iran link

Image courtesy- @IndiaCoastGuard

Drugs worth Rs 3,000 crore seized from Iranian boat in Arabian Sea; five Pakistanis detained

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies