Mon Sep 15 01:57:07 UTC 2025: **Headline: Supreme Court Upholds Constitutionality of Waqf (Amendment) Act, 2025, Freezes Some Provisions**

**New Delhi, September 15, 2025** – The Supreme Court of India today declined to stay the entirety of the Waqf (Amendment) Act, 2025, emphasizing the presumption in favor of the constitutionality of laws passed by the legislature. The decision comes after months of legal challenges from over 100 petitioners, including political parties and community organizations, who argue the Act represents a “creeping acquisition” of Muslim properties. The government, however, has defended the law as necessary to combat “rampant encroachment” on public and private lands.

While the court did not stay the Act in its entirety, it did freeze certain key provisions pending further challenge. These include a provision requiring individuals to prove they have practiced Islam for five years before creating a Waqf, and a clause granting the District Collector broad authority to determine the status of disputed properties. The court clarified that Waqf Boards should have a majority of Muslim members and Chief Executive Officer should be ideally a Muslim.

The Supreme Court bench, led by Chief Justice B.R. Gavai, made it clear that its refusal to stay the entire statute would not prevent parties from posing further comprehensive challenges against the 2025 Amendment Act and its provisions.

Political reactions to the ruling have been divided. Tamil Nadu Chief Minister M.K. Stalin (DMK), whose party was a petitioner in the case, hailed the order as a victory for religious rights and a step towards undoing “unconstitutional and illegal amendments.” Union Minister Kiren Rijiju (BJP) welcomed the court’s decision, calling it a “good sign for our democracy” and reflecting trust in the government’s institutions. Congress leader Jairam Ramesh criticized the law, saying it aimed to keep the voter base inflamed, while noting the Supreme Court order vindicated his objections raised during the Parliamentary Joint Committee review.

The Munnambam Land Protection Council expressed relief that the Supreme Court’s partial stay on the Waqf Amendment Act will not affect their case, as Section 2(a) clarifies that the Waqf amended Act does not apply to trusts established by a Muslim for purposes similar to a Waqf.

The legal battle over the Waqf (Amendment) Act, 2025, has been closely watched, raising fundamental questions about minority rights, property rights, and the balance between government regulation and religious freedom in India. The Act has been criticized for potentially violating the principle of “once a Waqf, always a Waqf,” potentially allowing private or government takeover of Waqf lands. The court’s interim order leaves the door open for continued legal scrutiny of the law’s constitutionality, ensuring the debate will continue.

**Background:**

The Waqf (Amendment) Bill of 2025 was passed by the Parliament in April, and received presidential assent shortly after. Petitions were immediately filed in the Supreme Court challenging the law. The Court heard arguments in May and reserved its judgment until today. The Centre has argued that the law is necessary to regulate Waqf properties and prevent misuse.

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