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SC Declines to Suspend Waqf Amendment Act 2025 but Stays Certain Provisions

SC refuses to stay the entire Waqf Amendment Act 2025, but suspends some of its most contentious provisions.

SC Declines to Suspend Waqf Amendment Act 2025 but Stays Certain Provisions

SC refuses to stay the entire Waqf Amendment Act 2025, but suspends some of its most contentious provisions.

 

On September 15, 2025, the Supreme Court of India delivered a significant interim order regarding the Waqf (Amendment) Act, 2025. While the Court declined to suspend the Act in its entirety, citing the legal principle of presumption of constitutionality, it put on hold several key provisions which have been challenged as potentially undermining rights and violating the doctrine of separation of powers. Among those suspended are: the requirement that only those practising Islam for at least five years may dedicate property as a Waqf; powers given to district Collectors to decide whether property claimed as Waqf belongs to government; and limitations on membership compositions of Waqf Boards with respect to non-Muslim representatio

n.


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