The Supreme Court on Monday declined to put a complete stay on the Waqf (Amendment) Act 2025 but decided to put on hold certain provisions till the time a final decision was taken on the petitions that have challenged the constitutional validity of the Act.
Commenting on the SC order, Jammu and Kashmir Chief Minister Omar Abdullah and AIMIM Chief Asaduddin Owaisi welcomed the apex court move to stay certain provisions of the Act but added that there were other objectionable parts in the law that needed to be dealt with. They added that the Act was aimed at targeting the people of a specific religion.
“We have been saying that the people of one religion are being targeted through this bill. It is good that the Supreme Court has also understood this. It will be good if other objectionable parts in this Act are also highlighted…,” Omar told the media.
Owaisi said he was looking forward to a final decision of the Supreme Court on the issue as today’s was just an interim order. He added that today’s order will not give complete protection to Waqf properties from the Act brought in by the NDA government at the Centre.
“This order will not protect the Waqf properties from the Act made by the NDA government. Encroachers would be rewarded. Waqf properties will not be developed. We hope that the SC takes a final decision soon…,” Owaisi said.
#WATCH | Hyderabad | On SC’s order in the Waqf Amendment Act, AIMIM Chief Asaduddin Owaisi says, “For the appointment of the CO, the Supreme Court said that it should be a Muslim, “as far as possible”. The government will claim that they did not find a capable Muslim… A party… pic.x.com/wconNHaRWi
— ANI (@ANI) September 15, 2025
The AIMIM Chief added, “The SC has not completely stayed the provision that a person has to be a practising Muslim of 5 years… There is no law preventing a person of any religion from donating to another religion… According to Article 300 of the Constitution, I can give my property to anyone I want. Then why is such a provision made for the followers of this (Islam) religion?… The BJP should provide data on who donated property to the Waqf after converting… The provision of the Collector’s inquiry has been stayed. But the Collector still has the power to conduct a survey…”
The Hyderabad MP also reflected upon the Supreme Court observation that the Chief Executive Officer of a Waqf Board should be a Muslim “as far as possible”. Owaisi contended that the government might come back and say that they did not find a capable Muslim (to be appointed as CEO of a Waqf Board).
“A party that does not give an MP ticket to a Muslim, and does not have a Muslim MP, will it choose a Muslim officer? How many Muslims are there in the Intelligence Bureau?… They will appoint non-Muslim members to the Waqf. Why? This is a violation of Article 26. How would Sikhs feel if a non-Sikh were made a member of the SGPC?” the firebrand leader asked.
In its order today, the Supreme Court bench of Chief Justice BR Gavai and Justice Augustine George Masih said that some sections of the amended Act needed some protection.
Passing an interim order, the court put a stay on the provision in the Act that required a person to be a practitioner of Islam for five years in order to create a Waqf. The court said there will be a stay on the provision till rules are put in place on determining whether a person is a practitioner of Islam. The bench noted that in the absence of such rules, the provision could lead to an arbitrary exercise of power.
The apex court also put a stay on the provision that permitted a Collector to take a decision in the matter whether a Waqf property has encroached upon a government property. The court said the Collector cannot be allowed to adjudicate on the rights of personal citizens, as this will violate the separation of powers.
The apex court also stated that there should not be more than three non-Muslim members in a state Waqf Board, and not more than four non-Muslims in the Central Waqf Councils for now.
The top court’s interim order came in response to several petitions that had challenged the constitutional validity of Waqf (Amendment) Act, 2025.
The Lok Sabha passed the Waqf (Amendment) Act on April 3, while the Rajya Sabha cleared it on April 4, this year. President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.