The Court clarified that in Waqf Boards, the number of non-Muslim members should not exceed three. It also stated that the Chief Executive Officer (CEO) of the Waqf Board must be from the Muslim community.

The Court stayed Section 3(74) and Section 3(R), which required a person to have followed Islam for at least five years before creating a Waqf. Until proper rules are framed, this condition will not be enforced. The Court observed that such provisions could become arbitrary.

It also stayed the provision under Section 2(C), which required that until a designated officer submitted a report, property could not be treated as Waqf property. The Court clarified that it does not have the authority to strike down the entire Act.TURMS Men's Anti Stain Jeans 30 Days No Wash Anti Odor Casual Mid Rise Denim Pants | Traveler Comfort Stretchable Breathable Cotton Rich

This interim order was reserved by the Court on May 22. The bench led by Chief Justice B.R. Gavai heard arguments for three days from the petitioners and Solicitor General Tushar Mehta representing the central government.

The central government argued that Waqf is a secular concept and that the amended law aligns with the Constitution. Although rooted in Islamic tradition, Waqf is not an essential religious practice and hence should not be considered a fundamental religious right, the government said.India–Russia ties remain strong, U.S. tariff pressure fails… Russia’s Foreign Ministry issues clarification!

The Waqf Amendment Act, 2025 was approved by President Droupadi Murmu on April 5, after being passed in the Lok Sabha on April 3 and in the Rajya Sabha on April 4. Immediately after its passage in Parliament, petitions challenging the Act were filed in the Supreme Court.