Supreme Court Rejects Plea To Stay WAQF Act, Also Rejects Plea To Bar Non-Muslims | Top Highlights

New Delhi: The Supreme Court on Monday declined to stay the entire WAQF (Amendment) Act 2025 and capped the inclusion of non-Muslims to the WAQF Board at four. The Supreme Court rejected the petitioners' plea to bar inclusion of any non-Muslim to the board. The bench comprising Chief Justice of India BR Gavai and Justice AG Masih held that most of the provisions of the new law do not require judicial interference at this interim stage. The Central government was represented by Solicitor General Tushar Mehta while the petitioners were represented by Kapil Sibal and others. The petitioners had contested the non-recognition of the WAQFs which were not registered. The Supreme Court, however, maintained that the non-registered WAQFs will not be treated as WAQFs, thereby upholding Centre's stand.

A batch of petitions was filed by Congress MP Mohammad Jawed and AIMIM MP Asaduddin Owaisi before the apex court challenging the amendment's validity. 

Big Highlights From WAQF Case

1. The Supreme Court today passed an interim order in WAQF matters, substantially rejecting the stay prayed for by the petitioner.
2. One of the provisions which was seriously contested was the non-recognition of WAQF which were not registered. The Supreme Court has not stayed that provision. In other words, the non-registered waqfs will not be treated as WAQFs.
3. As far as the Central WAQF Council is concerned, the new Act provided for FOUR non-Muslims to become members. The Central Government had made a statement that the number given i.e., “FOUR” is the maximum number and there cannot be more than FOUR non-Muslim members. The same thing is reiterated by the Supreme Court by directing not to have more than FOUR non-Muslim members.
4. Thus, the prayer for stay against inclusion of any non-Muslim stands rejected. In all State Waqf Boards, the new amendment provided for TWO non-Muslim members.
5. This was challenged by the petitioners on the ground that no non-Muslim can be a member of a State Waqf Board. The Central Government had submitted that the maximum number of non-Muslim members is TWO and cannot be more than TWO. The same position is accepted by the Supreme Court. The Supreme Court has refused to stay against inclusion of non-Muslims in the Waqf Board
6. One provision in the WAQF Act required that a competent officer can determine whether a property is a waqf property or not. The Central Government had already pointed out that this is only a tentative determination since the title can only be decided by a competent court or a tribunal. Based on this interpretation by the Central Government itself, the Supreme Court has stayed that provision, holding that the title can be decided only by a WAQF Tribunal or the Civil Court [which was the argument of the Central Government]
7. The Supreme Court has, however, injuncted all WAQFs in the country not to transfer waqf property or create any charge on waqf property till the issue is decided by the tribunal. The Central Government never contested or opposed this position.
8. One provision was with regard to creation of a new waqf. The amendment provided that only a person who is a practicing Muslim for the last five years can create a waqf. The Supreme Court has stayed this provision until the Central Government makes the Rules.