Supreme Court on the Waqf (Amendment) Act, 2025
📌 Intro
🗓️ Sep 15, 2025 → SC interim order on Waqf (Amendment) Act, 2025
⚖️ Refused to suspend Act, but stayed key provisions.
⚡ Tension: State regulation vs Minority rights (Art. 26 & 30).
🏛️ What is Waqf?
🕌 Charitable endowment under Islamic law.
📊 8+ lakh waqf properties in India.
📜 Governed by Waqf Act, 1995 → amended 2025.
📑 Key Features of Amendment
⏳ 5-year practice rule for creating waqf.
👨⚖️ Collector’s powers in ownership disputes.
🤝 Non-Muslim representation on Waqf Boards.
💻 Digital registration mandatory.
❌ End of “waqf by user.”
📕 Limitation Act applies.
⚔️ Grounds of Challenge
🚫 Violates Art. 26 & 30.
❌ 5-year rule arbitrary.
⚖️ Executive > Judiciary in property disputes.
🧑🤝🧑 Non-Muslim representation = dilution of autonomy.
⚖️ SC Decision
⛔ Stayed:
1️⃣ Collector’s powers.
2️⃣ Automatic divestment.
3️⃣ 5-year practice rule.
4️⃣ Non-Muslim representation cap.
✅ Allowed:
🔒 End of waqf by user.
💻 Digital registration.
📕 Limitation Act application.
🌍 Implications
⚖️ Judicial oversight restored.
🕌 Autonomy vs State oversight unresolved.
👥 Minority rights partly protected.
🔍 Transparency upheld, intrusion curbed.
📌 Final verdict → may reshape waqf & minority institutions law.
✅ Conclusion
Balanced order: ✔️ reforms for transparency, ❌ curbs on autonomy stayed.
Next → Final judgment will decide scope of religious freedom & State control.
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