The Supreme Court has intervened in the implementation of the Waqf Amendment Act 2025, placing a partial stay on specific provisions. The court suspended the requirement that individuals must be practicing Muslims for five years to establish a Waqf. Additionally, the court has restricted the composition of the Waqf board, mandating a maximum of three non-Muslim members, with a total of no more than four non-Muslim members. The court’s stay on the five-year practice condition will remain until rules are formulated to determine the criteria for identifying a practicing Muslim. Another provision stayed includes the power of a Collector to determine the status of Waqf properties, citing a violation of the separation of powers. The court emphasized that third-party rights should not be created before a tribunal makes its decision. The Waqf (Amendment) Bill, 2025, seeks to address shortcomings in the 1995 Act, with the goal of improving the management of Waqf properties.
The bill introduces changes to enhance the efficiency of Waqf boards, update definitions, and improve registration and record-keeping processes. Key issues identified in the 1995 Act include the irrevocability of Waqf properties, legal disputes, mismanagement, illegal occupation of land, and delays in property registration. The 2025 Bill aims to eliminate waqf by user and allow formation only through declaration or endowment. It mandates that donors must be practicing Muslims for at least five years and must own the property. The bill also ensures that Waqf-alal-aulad cannot deny female heirs their inheritance rights. Government properties identified as Waqf will no longer be classified as such. The Collector will have authority to resolve ownership disputes and conduct surveys under state revenue laws. The Central Waqf Council will include non-Muslim members but requires Muslim representation for certain positions. The bill also empowers the Central government to 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.