The Supreme Court, on Monday, made a significant move by partially staying the Waqf Amendment Act, 2025. The court put on hold the provision requiring individuals to be practicing Muslims for five years before creating a Waqf. Additionally, the court has limited the composition of the Waqf board, stating that no more than three non-Muslim members can be present, with a total of no more than four non-Muslim members. The stay on the provision regarding who can create a Waqf will be in place until rules are framed to determine the criteria for identifying a practicing Muslim. Further, the court has stayed the provision giving a Collector the power to decide if a property declared as Waqf is government property, considering this a breach of the separation of powers. Chief Justice of India Justice BR Gavai pointed out that Collectors cannot adjudicate the rights of individual citizens.
The Waqf (Amendment) Bill, 2025 seeks to update the Waqf Act, 1995 to address issues in the management of Waqf properties. It proposes changes to overcome the shortcomings of the previous act, increase the efficiency of Waqf boards, update the definitions of waqf, and improve the registration process, while increasing the use of technology in managing Waqf records. Some of the problems identified in the Waqf Act, 1995, include the irrevocability of Waqf properties, legal disputes, illegal occupation of Waqf land, mismanagement and ownership disputes, delays in property registration and surveys, and large-scale litigation. The Waqf (Amendment) Bill, 2025, or the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025, seeks to remove waqf by user and allows formation only through declaration or endowment. It states that donors must be practicing Muslims for at least five years and must own the property. The bill states that Waqf-alal-aulad cannot deny inheritance rights to female heirs. Any government property identified as Waqf will no longer be classified as Waqf. The bill gives rights to the Collector to resolve ownership disputes, who is required to submit a report to the state government. The bill also empowers Collectors to conduct surveys and mandates pending surveys to be conducted as per state revenue laws. For the Central Waqf council composition, the Waqf bill states that two members must be non-Muslims; however, MPs, former judges, and eminent persons need not be Muslims. Representatives of Muslim organizations, Scholars in Islamic law, Chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women. For Waqf Boards Composition, the bill empowers the state government to nominate one person from each background to the Board and they need not be Muslims. The Board must have: two non-Muslim members, at least one member each from Shias, Sunnis, and Backward classes of Muslims, one member each from Bohra and Agakhani communities (if there is Waqf in the state) and two Muslim members must be women. The Waqf bill has listed powers for the Central government, which stated that the government can make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards. The Bill further empowers the central government to get these audited by the CAG (Comptroller and Auditor General) or a designated officer. The Bill omits provisions deeming finality to Tribunal’s decisions and allows appeals to the High Court within 90 days. Separate Waqf boards have been allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.