The Supreme Court  while refusing to stay the entire Waqf Amendment Act, stayed certain provisions of it, putting on hold the provision that mandated a person should be a practitioner of Islam for 5 years to create a Waqf. The apex court has also said that no more than 3 non-Muslim members should be present in the board, and only a total 4 non-Muslim members are to be present.

The top court has said that the provision on limiting who can create a Waqf will be stayed till rules are framed on determining whether a person is a practitioner of Islam. Additionally, the top court has also stayed the provision of Waqf Act which empowered a Collector to determine whether a property declared as Waqf is a government property and pass orders.

Chief Justice of India Justice BR Gavai noted that Collectors “cannot be permitted to adjudicate rights of personal citizens and this will violate separation of powers.”

“Till adjudication happens by the tribunal, no third party rights can be created against any parties. The provision dealing with such powers to collector shall remain stayed. We also hold that Not more than 3 non-Muslim members in the waqf board and in total not more than 4 non-Muslim members,” the apex court said.

Bill’s key proposals

As the Supreme Court has stayed certain provisions, now government will have to make changes noting the observations.

While the SC has put stay on some of the provisions, here’s what the bill had proposed.

The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995 to fix issues in the management of Waqf properties. The proposed changes focused on overcoming the shortcomings of the previous act, enhancing the efficiency of Waqf boards, updating the definitions of waqf, improving the registration process, increasing the role of technology in managing Waqf records.

Some of the issues that were identified in the Waqf Act, 1995 were irrevocability of Waqf Properties, legal disputes and poor management, illegal occupation of Waqf land, mismanagement and ownership disputes, delays in property registration and surveys, large-scale litigation cases and complaints to the Ministry.

Waqf (Amendment) Bill, 2025, also called as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025, states to remove waqf by user and allows formation only through declaration or endowment. It states that donors must be practicing Muslims for at least five years and must own the property. The bill has provision which states that Waqf-alal-aulad cannot deny inheritance rights to female heirs.

The bill stated that any government property identified as Waqf will cease to be Waqf. It gave rights to the Collector to resolve ownership disputes, who is required to submit a report to the state government. The bill also empowers Collectors to conduct surveys and mandates pending surveys to be conducted as per state revenue laws.

For central Waqf council composition, the Waqf bill stated that two members must be non-Muslims. However, MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. It mentions that representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards must be Muslims. And, of the Muslim members, two members must be women.

While for Waqf Boards Composition, the bill empowers the state government to nominate one person from each background to the Board and they need not be Muslims. It adds that the Board must have: Two non-Muslim members, at least one member each from Shias, Sunnis, and Backward classes of Muslims, one member each from Bohra and Agakhani communities (if there is Waqf in the state) and two Muslim members must be women.

The Waqf bill has listed powers for Central government, which stated that the government can make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards. The Bill further empowers the central government to get these audited by the CAG (Comptroller and Auditor General) or a designated officer.

The Bill omits provisions deeming finality to Tribunal’s decisions and allows appeals to the High Court within 90 days. Separate Waqf boards have been allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.