The Supreme Court of India is set to pronounce an interim order today on the much-debated Waqf (Amendment) Act, 2025, following petitions challenging several of its provisions. After a detailed hearing from both sides over three days, the Court had reserved its decision on May 22, 2025. The petitions predominantly question the constitutional validity of specific sections of the Act that introduced sweeping changes to the management and regulation of Waqf properties across the country.

The interim verdict issued by the bench headed by Chief Justice of India BR Gavai and Justice AG Masih provides a nuanced approach rather than a blanket stay on the entire legislation. The Supreme Court recognized that while the entire Act had been challenged, the primary focus was on a few contentious provisions, mainly sections 3(r), 3C, and 14.

Key directions from the interim order include a stay on the clause requiring a person to have practiced Islam for at least five years before creating a Waqf, pending the framing of clear rules by State Governments. The Court noted that without a defined mechanism, this condition could lead to arbitrary power use and thus needs reformulation to protect rights.

Another significant provision put on hold concerns the power granted to government officers, particularly collectors, to adjudicate disputes relating to encroachment on Waqf properties. The Supreme Court ruled that enabling executive officials to decide such matters violates the separation of powers doctrine. Until the title and ownership disputes are legally resolved by a tribunal or court, the disputed Waqf properties shall remain protected from any derecognition or third-party claims.

The Court also addressed the composition of Waqf governing bodies. It upheld the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards but placed limits on their numbers—restricting non-Muslims to a maximum of four members in the Central Council and three in State Boards. The Court encouraged, where possible, that the ex-officio members of these boards be Muslims. Meanwhile, the provision allowing non-Muslims to serve as CEOs of State Waqf Boards was not stayed, though the Court expressed a preference for Muslim appointments when feasible. Importantly, the Supreme Court refused to stay the entirety of the Waqf (Amendment) Act, emphasizing the constitutional principle that statutes are presumed valid unless proven unconstitutional in the rarest cases. It called for a balanced approach while the crucial challenges undergo thorough scrutiny.

This balanced interim ruling demonstrates the Court's intent to protect religious and property rights without stalling legislative reform. The Waqf Amendment Act, which aims to modernize and enhance the governance of Muslim charitable endowments, has faced criticism over alleged discriminatory provisions and concerns regarding administrative overreach. The Court’s decision highlights the ongoing tension between religious autonomy, state regulation, and legal oversight in managing Waqf properties—a sector vital for community welfare and religious practices. The final verdict is awaited with keen interest, as it will shape the future framework for Waqf management nationwide and set significant precedents on minority rights and legislative authority. This interim order reflects judicial prudence by allowing the Act's beneficial sections to function while safeguarding individuals and communities from potentially unfair provisions until comprehensive legal review is complete.