Waqf (Amendment) Act 2025: 5 Critical Supreme Court Rulings You Must Know

Supreme Court of India : Waqf (Amendment) Act, 2025.

The Supreme Court of India delivered an important ruling on the Waqf (Amendment) Act, 2025.

• The Court stayed certain key provisions of the Act, finding them prima facie arbitrary, while refusing to suspend the entire law.
• This decision aims to balance the interests of various stakeholders while the constitutional validity of the Act is being examined.

Key Points of the Judgment:

Presumption of Constitutionality:

• The Court acknowledged that parliamentary laws are presumed to be constitutional, as legislators are expected to act in the public interest.
• Even if a law contains some discriminatory provisions, they are assumed to be based on adequate justification, unless proven otherwise.

Provisions Stayed by the Court:

• The Court specifically stayed the provision that required:

• Any person creating a Waqf to prove they had been practising Islam for five years.

• This clause was seen as prima facie arbitrary and potentially exclusionary, violating constitutional principles of equality and religious freedom.

Provisions Not Stayed:

• The rest of the Act remains operational, including the registration requirement for Waqf properties and institutions.
• The Court clarified that its interim order only targets certain disputed provisions, not the entire legislation.

Court’s Reasoning:

• The Bench, led by Chief Justice B.R. Gavai and Justice A.G. Masih, noted:

• There is nothing inherently wrong with requiring evidence of genuine religious intent to prevent misuse of Waqf properties.
• However, mandatory five-year proof may be too restrictive and could unfairly deny rights to individuals or groups.

• The Court emphasized that Waqf properties have historically been misused, sometimes as a “device to tie up property” to avoid legal obligations, making careful regulation essential.

Significance of the Decision:

• Balances rights and regulation: Protects the integrity of Waqf institutions while preventing arbitrary restrictions.
• Protects religious freedom: Ensures that genuine creators of Waqf are not unfairly excluded by rigid rules.
• Sets the stage for deeper review: The final decision on the Act’s validity will be made after detailed hearings and arguments.

Next Steps:

• The Court clarified that its observations are prima facie (initial) and do not preclude further arguments.
• Parties can still present detailed submissions on the constitutionality of different provisions in the coming hearings.