Supreme Court stays key provisions of Waqf Amendment Act, flags arbitrary collector powers

CJI BR Gavai-led bench pauses critical clauses of the controversial Waqf (Amendment) Act, citing threats to separation of powers and risk of arbitrary decisions by district Collectors.

In a significant ruling that will have nationwide implications, the Supreme Court today stayed crucial provisions of the Waqf (Amendment) Act, 2025 — a legislation that had triggered widespread protests and intense debate over its impact on minority rights.

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A bench comprising Chief Justice of India BR Gavai and Justice AG Masih stopped short of staying the entire Act but flagged that certain sections granted “arbitrary” powers, potentially violating the separation of powers enshrined in the Constitution.

The most contentious clause, which made the District Collector the final authority in deciding disputes over Waqf property ownership, was put on hold. The court observed that permitting Collectors to adjudicate private rights would bypass judicial mechanisms and could lead to misuse. “Till adjudication happens by the tribunal, no third-party rights can be created against any party,” the bench ordered.

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Muslim organisations that had challenged the Act welcomed the order, saying the provision could have triggered a wave of false claims on Waqf properties. The Supreme Court also limited non-Muslim representation, directing that not more than three non-Muslim members may be appointed to a state Waqf board and not more than four to the Central Waqf Council.

Additionally, the clause that required a person to be practising Islam for at least five years before declaring a Waqf has also been paused. The Chief Justice warned that without a proper mechanism, this would lead to “exercise of arbitrary power.”

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