Supreme Court Stay on Waqf Amendment Act 2025 | Law Explained

Описание: Supreme Court Stay on Waqf Amendment Act 2025 | Law Explained
#supremecourt #waqfamendmentact #lawexplained
Waqf Amendment Act 2025 | SC Interim Order & Legal Analysis

Supreme Court Waqf Amendment Act 2025 Stay | Explained
The Supreme Court on 14 September 2025 has delivered a crucial interim order in IN RE: The Waqf (Amendment) Act, 2025. The Court has stayed certain provisions of the Act while clarifying that others will continue.

⚖️ Key Highlights:
5-year Islamic practice requirement for creating a waqf – stayed until rules are framed.
Collector’s power to derecognise Waqf land – stayed, as it violates the doctrine of separation of powers.
Non-Muslim members cap: Max 4 in Central Waqf Council, max 3 in State Waqf Boards.
CEO of Waqf Board – non-Muslim allowed, but preference for Muslim as far as possible.

Registration requirement – no stay; continues as before.

👉 The Court made it clear: “Legislation can be stayed only in the rarest of rare cases.”
👉 This order balances religious freedom, community rights, and constitutional principles.

📖 Case Title: IN RE: The Waqf (Amendment) Act, 2025
🔑 Significance: This case is central for constitutional law, minority rights, and separation of powers jurisprudence.

00:00 — Supreme Court interim order on Waqf Amendment Act 2025 (overview)
01:39 — Background: Waqf Act, 2025 amendments & key petitions
02:55 — Court’s approach: ‘rarest of rare’ stay & targeted scrutiny
03:34 — Five-year Islamic practice rule — stayed pending state rules
05:47 — Collector’s power to de-recognize waqf — stayed; property protection
05:58 — Non-Muslims in Waqf bodies — caps on members & CEO guideline
06:36 — Provisions not stayed: registration, no ‘waqf by user’, Scheduled Areas/monuments bar, Limitation Act
08:46 — Final analysis: constitutional significance & key takeaways

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