Opposition on Supreme Court’s Interim Order Regarding Waqf Amendment Act 2025

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Following widespread nationwide protests against key provisions of the Waqf Amendment Act 2025, the Supreme Court has decided to pause its implementation, citing concerns over the arbitrary use of power.

In response to this act, the bench of Chief Justice of India BR Gavai and Justice AG Masih stated that no case had been filed to stay the entire statute, but “some sections need some protection.” According to the SC, these provisions have been suspended until the petitions challenging the constitutionality of the Waqf Act are decided.


Supreme Court Stays Key Provisions

The Supreme Court has pointed out that the district Collectors have extensive authority and that, “The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers.” Adding, “Till adjudication happens by the tribunal, no third-party rights can be created against any party.” It has been ordered that the provisions associated with such powers shall stay.


SC Declines to Suspend Entire Act

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Several petitioners had challenged the Waqf Amendment Act 2025, saying that the amendment resulted in discrimination against Muslims. One of them is the All India Muslim Personal Law Board, a significant organisation representing Muslims. 

Syed Qasim Rasool Ilyas, a key figure in this organisation, said that the points made by their board have been accepted by the top court “to a large extent.” He said, “Our point on 'Waqf by User' has been accepted. Along with this, our point on protected monuments has also been accepted, that there will be no third-party claim.”

Further, “The five-year amendment that was imposed has been removed, and along with this... I want to say that by and large, many of our points have been accepted, and we think that there is satisfaction to a large extent.”

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To sum up, Chief Justice of India BR Gavai and Justice AG Masih passed an interim orderon Monday to stay the Act’s provisions requiring registration of Waqf by a user. However, they have stopped the provision that states a person needs to be a practitioner of Islam for at least 5 years to create a Waqf. This order is to be strictly followed until the government frames suitable rules.