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⚖️ Supreme Court on Waqf Amendment Act, 2025 ⚖️

Delhi Law Academy Jaipur – Latest Case Summary for RJS, DJS, PCS(J) & Judicial Services Aspirants

📚 Delhi Law Academy Jaipur presents below for aspirants of Rajasthan Judicial Service (RJS), DJS, PCS(J) and other Judicial Services throughout India the most recent judgment of the Supreme Court of India, delivered just today on 15th September 2025, rejecting the demand for stay of operation of the entire Amendment Act.

✍️ Presented below: Summarized version [by Delhi Law Academy Jaipur] of the Supreme Court Judgment in the case of In Re: The Waqf Amendment Act, 2025 delivered by a two-judge Bench comprising of B.R. Gavai CJI and Augustine George Masih J on 15 September, 2025:

128 page judgment summarized in 3 pages, while retaining the original language of the judgment.

📄 Case Details

IN RE: THE WAQF AMENDMENT ACT, 2025 [2025 INSC 1116]

1️⃣ The first five writ petitions in this batch of matters being Writ Petition (Civil) Nos. 276, 314, 284, 331 and 269 of 2025 challenge the validity of several of the Sections of the Waqf (Amendment) Act, 2025, on the ground of they being ultra vires the Constitution of India being violative of Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A of the Constitution.

2️⃣ Though the petitioners seek to challenge the constitutionality of almost all the Sections of the impugned Act, from the tenor of the arguments advanced, it is apparent that the main challenge is to the amendments carried out in Section 3(r), 3C, 3D, 3E, 9, 14, 23, 36, 104, 107, 108, 108A of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. It is, therefore, clear that the most contentious Sections of the impugned Act are Sections 4(ix)(a), 4(ix)(b), 5, 10, 12, 16, 21, 43, 44 and 45 which have amended the provisions of the Waqf Act, 1995.

✅ Conclusion of the Supreme Court

209. In the totality of the circumstances, we do not find that any case is made out to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected. However, while doing so, in order to protect the interest of all the parties and balance the equities during pendency of this batch of matters, we issue the following directions:

1. 📌 The following part of clause (r) of Section 3 of the Amended Waqf Act
  
  “any person showing or demonstrating that he is professing Islam for at least five years”
  
  shall stand stayed until the rules are framed by the State Government for providing a mechanism for determining the question as to whether a person has been practicing Islam for at least five years or not;

1. 📌 The proviso to sub-section (2) of Section 3C of the Amended Waqf Act, which reads thus:
  
  “Provided that such property shall not be treated as waqf property till the designated officer submits his report.”
  
  and the provisions of sub-sections (3) and (4) of Section 3C of the Amended Waqf Act, which read thus:
  
  “(3) In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.
  
  (4) The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.”
  
  shall stand stayed;

1. 📌 It is directed that unless the issue with regard to title of the waqf property in terms of Section 3C of the Amended Waqf Act is not finally decided in the proceedings initiated under Section 83 of the Amended Waqf Act by the Tribunal and subject to further orders by the High Court, neither the waqfs will be dispossessed of the property nor the entry in the revenue record and the records of the Board shall be affected. However, upon commencement of an inquiry under Section 3C of the Amended Waqf Act till the final determination by the Tribunal under Section 83 of the Amended Waqf Act, subject to further orders of the High Court in an appeal, no third-party rights would be created in respect of such properties;

1. 📌 It is directed that insofar as Central Waqf Council constituted under Section 9 of the Amended Waqf Act is concerned, it shall not consist of more than 4 non-Muslim members out of 22. Equally, insofar as the Board constituted under Section 14 of the Amended Waqf Act is concerned, it is directed that it shall not consist of more than 3 non-Muslim members out of 11;

1. 📌 Though, we are not inclined to stay the provision of Section 23 of the Amended Waqf Act, we direct that as far as possible, an effort should be made to appoint the Chief Executive Officer of the Board who is the ex-officio Secretary from amongst the Muslim community;

📌 We clarify that what has been observed by us hereinabove is upon our prima facie consideration for the purpose of examining as to whether an interim stay should be granted or not to the impugned Act or the provision(s) contained therein. The observations made hereinabove will not prevent the parties from making submissions with regard to the validity of the provisions contained in the Amended Waqf Act or any of the provision(s) therein.

📌 Frequently Asked Questions on the Waqf Amendment Act 2025 Judgment

❓ Which parts of the Waqf Amendment Act 2025 have been stayed by the Supreme Court?

✅ The whole of the Waqf Amendment Act 2025 has not been stayed, only some parts have been stayed.

❓ How many non-Muslim members can be there in the Central Waqf Council?

✅ Not more than 4 non-Muslim members out of 22 in the Central Waqf Council.

❓ How many non-Muslim members can be there in the State Waqf Council?

✅ Not more than 3 non-Muslim members out of 11 in the State Waqf Council.

❓ Did the Supreme Court grant a complete stay on the Waqf Amendment Act 2025?

✅ No. The Supreme Court rejected the prayer for a complete stay. Only certain provisions have been temporarily stayed.

❓ What directions were given about the Chief Executive Officer of the Waqf Board?

✅ The Court directed that, as far as possible, the CEO (ex-officio Secretary) of the Waqf Board should be appointed from amongst the Muslim community.

❓ What did the Supreme Court say about third-party rights in Waqf properties?

✅ Until the Tribunal finally decides under Section 83 of the Act, no third-party rights can be created in such properties.