Supreme Court Refuses Blanket Stay on Waqf Amendment Act 2025
The Supreme Court on Monday declined to stay the entire Waqf (Amendment) Act, 2025, ruling that while some sections required judicial protection, the law as a whole would not be suspended.
The bench, before reserving its order, heard arguments from petitioners’ lawyers and Solicitor General Tushar Mehta, who represented the Central Government, over three consecutive days.
Key Observations by the Supreme Court
Five-Year Islam Follower Clause Suspended
The court stayed the controversial provision that required a person to be a follower of Islam for at least five years before creating a Waqf.
The bench observed that until rules are framed to determine how a person’s faith can be established, this provision will remain inoperative.
Other Provisions Remain Intact
The petitioners had sought a stay on multiple sections, but the bench clarified that not all provisions warranted suspension.
The court emphasized that some sections of the amendment need protection, but a blanket stay would not be in the larger public interest.
Interim Relief on Identified Issues
The court identified three major issues raised by petitioners that required judicial examination.
An interim order has been passed to safeguard rights until a final ruling is delivered.
What Happens Next?
The matter will continue to be reviewed, with the Supreme Court expected to provide further clarity on the contested provisions of the Waqf Amendment Act, 2025. The stay on the five-year clause offers relief to petitioners, but the broader framework of the Act remains functional.
