The Supreme Court on Monday (September 15, 2025) refused to ban the Waqf law and said that there is a prior perception of constitutionality in its favor. However, the court stayed some provisions, including the provision, which said that only people who have been following Islam for the last five years can make Waqf. However, the court has refused to stop the provision of appointing non-Muslim to the post of CEO of Waqf Board.

While giving the interim order, the bench of Chief Justice Bhushan Ramakrishna Gavai and Justice Augustine George Christ said, “We thought prima facie the challenge given to each section and found that there is no case of banning the entire law.” However, the Supreme Court stayed the provision that it was said that only people who have been following Islam can make Waqf.

Collector cannot settle the land dispute
The court also stayed the provision which gives the right to any officer nominated by the government to decide whether the Waqf property is actually encroachment on government property. Chief Justice Gavai said, ‘We have admitted that the previous perception is always based on the constitutionality of the law and it can be done only in rare cases. We have found that the entire Act has been challenged, but the original challenge was on Section 3 (R), 3C, 14 …

How many non-Muslim members can be in Waqf Board?
CJI Gavai directed that as far as possible, the Chief Executive Officer of the State Waqf Board should be a Muslim. The Supreme Court has not banned the amendment allowing non-Muslim to appoint a CEO, but said that as far as possible, Muslims should be appointed. The CJI also said that the state Waqf boards and Central Waqf councils have limited the number of non-Muslims. Out of 22 members of the Central Waqf Councils, only four can be non-Muslim, while only non-Muslims out of 11 members of State Waqf Boards are allowed to be appointed.

The Supreme Court reserved its order on three major issues on 22 May, including the right to non-defrooting the Waqf by user declared by the courts, which came to light during the hearing of petitions challenging the validity of Waqf (Amendment) Act, 2025.

Ban on condition of being a Muslim for five years to wakef
Supreme Court Waqf Some provisions of the amendment law 2025 have been banned until the final decision on the petitions filed against the law comes. Court Waqf To do five years to have a ban on the condition of following Islam and Waqf Boards The number of non-Muslim members has also been limited. The court said that a case of banning the entire law is not made.

The Supreme Court said that Waqf Property registration There is already a provision of, will not stop it, But gin Assets There is a dispute about them High Court A third party until the decision of Right Will not be made The Supreme Court said that Old Waqf Section 108 of the law A (Waqf Act It is not wrong to remove the provision of higher status from other laws) And On the provision that protects the land of the tribal class Not even stopping.