Constitutionality of the Waqf (Amendment) Act, 2025 | Interim Judgement Matrix

Constitutionality of the Waqf (Amendment) Act, 2025

Judges: B.R. Gavai J, A.G. Masih J

On 15 September, the Supreme Court refused to impose a stay on the operations of the Waqf (Amendment) Act, 2025, and instead stayed key provisions including the eligibility criteria for registering a Waqf property. The two-judge Bench reasoned that it cannot impose a stay on the entirety of the statute as such power can only be exercised in “rare and exceptional cases”. 

The Judgement, authored by Chief Justice B.R. Gavai addressed concerns of the petitioners regarding the deletion of “Waqf by user” properties, inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards, the mandatory registration of Waqf properties and the status of the property when under inquiry by a designated officer. 

The Court had heard and reserved judgement in the case in May 2025. Our Judgement Summary offers a detailed explanation of the 128-page Judgement

In this Judgement matrix, we will break down the key outcomes of the decision.

 

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