Constitutional Balance: SC Curtails Overreach, Protects Waqf Legal Framework
(By: Syed Ali Taher Abedi)
Delhi September, 15,2025- The Supreme Court of India has delivered a landmark judgment by staying select provisions of the Waqf Amendment Act, 2025, while upholding the core legal framework of the law. The judgment, pronounced by Chief Justice B.R. Gavai, reflects a nuanced approach balancing constitutional safeguards with the State’s regulatory powers over Waqf properties.
The Court restrained certain contentious sections of the Amendment Act that raised serious legal and constitutional concerns:
The condition requiring a person to be a practitioner of Islam for at least five years to hold office in the Waqf administration has been stayed. This was challenged as an exclusionary criterion that may violate the rights of minorities or disrupt religious freedoms.
Provisions empowering the government to derecognize Waqf land during the pendency of decisions have been put on hold. This stay protects the legal sanctity of Waqf properties and ensures that no arbitrary or pre-emptive governmental action is taken against them before due adjudication.
Restrictions on the composition of the Central and State Waqf Boards regarding the number of non-Muslim members have been partially reformed. While the total non-Muslim members on the Central Waqf Council cannot exceed four, that limit for State Waqf Boards is capped at three members.
The Court allowed the inclusion of non-Muslims to hold the position of Chief Executive Officer (CEO) of the State Waqf Boards, marking an important development in integrating administrative inclusiveness.
Despite these interventions, the Supreme Court has refrained from staying other major provisions of the Amendment Act. This signals judicial endorsement of the State’s regulatory framework aimed at better administration and protection of Waqf properties, aligning with public interest and legal principles.
Chief Justice B.R. Gavai’s judgment underscored the delicate balance between religious freedoms guaranteed under Articles 25 and 26 of the Constitution and the State’s duty to regulate and manage Waqf assets for their intended charitable and religious purposes. The Court recognized that while the State can impose reasonable restrictions, such measures must not infringe upon the fundamental rights of individuals or minority communities.
The stay on the “practitioner of Islam for five years” clause was deemed necessary to avoid arbitrariness and exclusivity that may contravene principles of equality under Article 14. Similarly, safeguarding Waqf properties from executive derecognition during pending adjudication reflects adherence to due process and protection of property rights under Article 300A.
The Court’s decision to maintain a limited presence of non-Muslims in the Waqf Boards but allow them to serve as CEOs highlights evolving jurisprudence on inclusivity without compromising the religious character of Waqf administrations.
This judgment represents a critical juncture in Waqf law, affirming that reforms must align with constitutional principles while ensuring effective governance of religious endowments. The Supreme Court’s calibrated stay protects minority rights and legal guarantees without impeding the broader objectives of the Waqf Amendment Act, 2025.
Legal experts predict that the decision will shape future jurisprudence on the intersection of religious freedom, minority rights, and State regulation, reaffirming the judiciary’s role as the guardian of constitutional balance.
