Institute of Legal and Management Studies

Supreme Court will pronounce its interim order on pleas to stay the provisions of the Waqf Amendment Act 2025 today.

A bench of Chief Justice of India BR Gavai and Justice AG Masih had reserved the order on May 22 after hearing the parties over three days.

The petitions are filed challenging the constitutionality of the sweeping changes made to the Waqf law by the amendments passed by the Parliament in 2025.

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BREAKING: Order: we have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that entire act is challenged, but basic challenge was sections 3(r), 3C, 14, we have gone to legislative history from 1923 act and considered prima facie challenge to each sections and hearing parties, can was not made out for entire statute. But sections which are under challenge, we have granted stay:

1. 3r- need 5 years as practising Islam stands failed until rules are formed, it would lead to arbitrary exercise of powers

2. 2(c) proviso- waqf property shall not be treated as waqf property

3. 3C- designed officer making challenge in revenue records permitting the collector to determine rights would be against separation of powers. Until finality, the rights of properties will not be affected. Until the title is not decided, neither waqf will be dispossesed of the property.

4. Shall not consist of more than 4 non-muslim members, and for State, not more than 3

5. Section 23- Ex-officio officer must be from Muslim community