SC stayed provisions of the law that empowered a collector to determine whether a property declared as Waqf is a government property and pass consequent orders.
The Supreme Court on Monday refused to suspend the entire Waqf (Amendment) Act, 2025, but stayed certain provisions of the law that empowered a collector to determine whether a property declared as Waqf is a government property and pass consequent orders.
A Supreme Court bench of Chief Justice BR Gavai and Justice AG Masih was pronounce interim order on whether provisions of Waqf (Amendment) Act, 2025 should be stayed or not.
The Supreme Court also stayed the provision that permitted only a person practising Islam for at least five years to create Waqf.
What is the Waqf Board?
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 can neither be sold nor gifted or inherited.
There are 30 state Waqf boards that collectively control about 9.4 lakh acres of land spread across 8.7 lakh properties, with an estimated market value of over ₹1.2 lakh crore. This makes the Waqf Board the country’s third-largest landowner after the Indian Railways and the armed forces. These properties are managed ‘mutawallis’ or trustees, under the supervision of the boards. However, the institutions often face challenges related to property disputes, litigation, illegal occupation and questions of accountability.
What is the Waqf Act?
The legal framework governing Waqf properties is provided by the Waqf Act. The first comprehensive legislation was enacted in 1954 and later replaced by the Waqf Act of 1955. The law was overhauled again in 1995, and further strengthened through amendments in 2013. The Act mandates surveys of all waqf properties, their registration with state boards, and their publication in official gazettes. It also establishes the Central Waqf Council, which advises the government on policy matters and supervises the functioning of state boards.
The Waqf Act of 1995 defines Waqf as the permanent dedication of movable or immovable property for purposes recognised by Muslim law as pious, religious or charitable. The law requires every state to have a Waqf Board, which acts as the custodian of such properties. Tribunals have also been set up under the Act to resolve disputes relating to Waqf property, with provisions to appeal before the high courts.
What is the new amendment?
President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, in April, days after it was passed by Parliament. After the Presidential assent, it became a law.
The Waqf (Amendment) Bill, 2025, made major changes to this law. It mandated registration of properties with district collectors, government nomination of board members, and inclusion of women and non-Muslims in Waqf administration. While the government argued that these measures will bring transparency and accountability, the opposition has criticised the move as politically motivated and “anti-Muslim.”
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