The Supreme Court of India has put on hold several controversial provisions of the Waqf (Amendment) Act, 2025, after widespread protests and petitions from Muslim bodies who described the new law as unconstitutional. A bench led by Chief Justice BR Gavai and Justice AG Masih said that while there was no ground to stay the entire statute, certain provisions carried the risk of arbitrary misuse of power. The court specifically flagged the sweeping authority granted to District Collectors, cautioning that personal rights of citizens cannot be left to executive adjudication without judicial oversight. Until the tribunal makes a decision, it ruled, no third-party claims on disputed Waqf properties will be created.

The law, which amended the Waqf Act of 1995 and was passed by Parliament in April, gave Collectors decisive control over ownership disputes, raising fears among Muslim organisations of encroachment and illegitimate claims on Waqf assets. The Act also limited the number of Muslim members required on Waqf Boards, allowed non-Muslim representation, and introduced a contentious clause requiring a person to be a practising Muslim for at least five years before declaring a Waqf. The Supreme Court paused these provisions too, noting that without a clear framework such powers could lead to discrimination and violate the principle of separation of powers. The ruling has been welcomed as a significant check on executive overreach, even as the broader law remains in place pending further hearings.

Petitioners, including the All India Muslim Personal Law Board, expressed cautious relief at the ruling, saying that many of their key objections had been acknowledged by the court. “Our points on Waqf by User, protected monuments, and the removal of the five-year practice condition have been accepted to a large extent,” said AIMPLB member Syed Qasim Rasool Ilyas. Protests against the amendments had spread across several states earlier this year, with community leaders accusing the government of attempting to capture Waqf properties under the guise of reform. The Centre, however, defended the changes, citing the need to resolve disputes and encroachments tied to Waqf land. With the Supreme Court’s intervention, the contentious law is now headed for a prolonged legal battle that could reshape how religious endowments are governed in India.