In In re: The Waqf Amendment Act, 2025. (India Sup. Ct., Sept. 15, 2025), the Supreme Court of India in a 128-page opinion upheld many of the provisions of the controversial Waqf Act Amendments enacted earlier this year but stayed enforcement of several parts of the Act. As explained by The Independent:
Narendra Modi’s Hindu nationalist government passed the Waqf Amendment Act 2025 earlier this year, claiming it would improve the management of waqf properties – religious and charitable assets governed under Muslim personal law....
Critics said it was a thinly veiled attempt to seize Muslim-controlled properties, weaken the autonomy of the 200 million-strong Muslim minority, and increase state control of religious assets. They promptly moved the top court seeking a stay on the changes.
The amended legislation requires all waqf properties to be registered on a centralised digital portal. Failure to register can lead to the property being classified as “disputed” and referred to a tribunal....
A Supreme Court bench led by Chief Justice Bhushan R Gavai suspended the new provisions allowing the local collector to determine the ownership of a waqf property....
The court also stayed the provision requiring that only individuals who have been practising Islam for at least five years may dedicate a waqf property, pending the creation of state-level rules for determining a person’s adherence.
Another contentious amendment allowed for the appointment of non-Muslims in the management of waqf institutions. The original law mandated that all waqf board members must be Muslim, including at least two women and elected representatives.
The new law enables state governments to nominate members, including non-Muslim lawmakers, judges, and “eminent persons”. The top court said the Central Waqf Council should not include more than four non-Muslim members, and state waqf boards no more than three. It suggested that the chief executives of waqf boards should ideally be Muslim, although this is not legally mandated.