By: Bharat Daily Samachar Date: 15 Sep,2025

Supreme Court Stays Certain Provisions of Waqf Amendment Act 2025; Registration Rules Remain Unchanged

In a landmark ruling, the Supreme Court of India has stayed select provisions of the Waqf Amendment Act 2025, while confirming that the registration requirements for Waqf properties will continue to remain effective. The decision comes amid multiple petitions challenging the recent amendments, which had sparked discussions about their impact on the administration and management of Waqf institutions across the country.

The Supreme Court’s Interim Order

The Supreme Court bench, after hearing arguments from both petitioners and government representatives, clarified that the stay applies only to specific sections of the Waqf Amendment Act 2025. The registration process for Waqf properties, which ensures proper documentation and oversight, will not be affected. This interim order provides temporary relief to those challenging certain provisions, while allowing authorities to continue the ongoing registration and administration of Waqf assets.

Legal experts have noted that such interim orders are common in cases involving legislative changes that have far-reaching implications. “The court’s decision balances the need for administrative continuity with the concerns raised by petitioners. While the specific sections of the law remain stayed, the registration mechanism continues uninterrupted, which is crucial for the management of Waqf properties,” said senior advocate.

Background of the Waqf Amendment Act 2025

The Waqf Amendment Act 2025 was introduced to streamline the management, administration, and regulation of Waqf properties in India. It aimed to strengthen oversight mechanisms, ensure transparency in operations, and address longstanding issues related to property disputes, encroachments, and mismanagement.

However, certain provisions of the amendment attracted legal challenges. Critics argued that some clauses could potentially interfere with the autonomy of Waqf boards or impose additional regulatory burdens. Petitions were filed in multiple high courts, eventually leading to their transfer to the Supreme Court for a final review.

Legal Implications

The stay of select provisions means that while the core objectives of the amendment—such as better governance and protection of Waqf assets—remain intact, the sections under scrutiny will not be enforced until the court delivers a final verdict. This ensures that stakeholders, including Waqf boards, property holders, and associated institutions, are not adversely affected in the interim.

Senior legal analysts have highlighted that the Supreme Court’s decision also underscores the judiciary’s role in carefully reviewing legislative measures. “When amendments have wide-ranging consequences, it is essential for the courts to ensure that no section of the law infringes on constitutional rights or existing statutory frameworks. The stay indicates that the court is taking a cautious approach,” said

Reaction from Waqf Boards and Community Leaders

The interim order has been welcomed by several Waqf boards and community leaders, who expressed relief that the registration process will continue without interruption. Maintaining proper records and registrations is crucial for resolving disputes, planning developmental activities, and protecting properties from encroachment.

A spokesperson for a prominent Waqf board stated, “We respect the Supreme Court’s decision and appreciate that the registration process remains unaffected. This allows us to continue managing our properties efficiently while the court examines the contested provisions.”

Legal experts also noted that the ruling may set a precedent for how future amendments affecting religious or charitable trusts are implemented, emphasizing the importance of balancing reform with existing statutory protections.

Public and Media Attention

The stay order has attracted widespread media coverage and public attention. Analysts note that Waqf properties, which include mosques, graveyards, and charitable institutions, hold significant social and religious importance in India. Ensuring proper administration while respecting the legal rights of stakeholders is crucial for maintaining community trust and social harmony.

Social media discussions have reflected diverse opinions. While some welcomed the court’s intervention as a necessary check on potential overreach, others emphasized the importance of implementing reforms to prevent misuse or mismanagement of Waqf properties.

What Happens Next?

The Supreme Court is expected to hear detailed arguments in the coming weeks to examine the validity and impact of the provisions that have been stayed. Petitioners will present their case regarding why certain clauses should not be enforced, while the government and Waqf boards will defend the necessity of the amendments.

The final verdict will determine whether the contested sections are reinstated, modified, or permanently struck down. Meanwhile, the registration and management of Waqf properties will continue as per the existing legal framework, ensuring that administrative processes are not disrupted.

Conclusion

The Supreme Court’s interim order on the Waqf Amendment Act 2025 represents a careful and balanced approach, allowing the legal process to take its course while maintaining essential administrative functions. By staying select provisions but allowing registration requirements to continue, the court has ensured that Waqf boards and associated institutions can continue their work without interruption.

This ruling highlights the importance of judicial oversight in legislative reforms, particularly when they impact sensitive religious and charitable institutions. As India awaits the final verdict, stakeholders and the public alike will be closely monitoring how the court shapes the future governance of Waqf properties in the country.