On Monday, September 15, 2025, the Congress party enthusiastically endorsed the Supreme Court’s decision to suspend several crucial aspects of the Waqf (Amendment) Act. They hailed this as a triumph for fundamental constitutional ideals such as justice, equality, and fraternity, believing it effectively counters the problematic motives underpinning the initial law.
Jairam Ramesh, the Congress general secretary in-charge of communications, highlighted that the Supreme Court’s directive regarding the Waqf (Amendment) Act 2025 marks a substantial victory. This win, he noted, benefits not only the political parties that vocally opposed this ‘arbitrary law’ in Parliament but also vindicates all members of the Joint Parliamentary Committee whose detailed dissenting opinions were previously disregarded.
“This Order holds immense importance as it significantly works to dismantle the harmful intentions embedded within the original legislation,” Mr. Ramesh stated in a social media post.
Opposition counsels had contended that the law, as originally drafted, would create a system where anyone could dispute the status of a property before a Collector, leaving properties in a state of legal uncertainty during such prolonged litigation.
Furthermore, a contentious clause stipulated that only individuals who had practiced Islam for five years could dedicate a property as Waqf, Mr. Ramesh pointed out.
He alleged, “The underlying aim of these sections was always clear: to inflame the voter base and establish an administrative framework designed to foster religious discord.”
“With this recent directive, the Supreme Court has notably taken action by staying the Collector’s powers, safeguarding existing Waqf properties from questionable challenges, and suspending the requirement of five years of Muslim practice until appropriate rules are formulated,” he explained.
Mr. Ramesh concluded, “We embrace this order as a profound victory for the constitutional pillars of justice, equality, and fraternity.”
The Supreme Court’s interim order placed a hold on several pivotal provisions of the Waqf (Amendment) Act, 2025. This included the controversial clause that mandated five years of Islamic practice for an individual to dedicate a property as Waqf. However, the court did not issue a complete stay on the entire law.
A bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih stated in their interim ruling on this intensely debated matter, “We maintain that the presumption always favors the constitutionality of a statute, and intervention should only occur in the rarest of rare cases.”
The Chief Justice affirmed that the bench meticulously reviewed the preliminary challenges against each section of the new law and determined that there was no basis to completely halt all provisions of the statute.
“Nevertheless, certain sections do require protection,” he clarified.
The bench underscored that its directives are provisional and interim, and they do not prevent either the petitioners or the government from presenting their full arguments on the constitutional validity of the law during the final hearing.
Chief Justice Gavai then elaborated on the specific provisions that have been affected or stayed by the interim order.
The order stipulated, “The requirement for a person to have practiced as a Muslim for the preceding five years before dedicating a property as Waqf (Section 3(r)) has been temporarily suspended until state governments establish clear rules for verifying an individual’s status as a practicing Muslim. Without such a defined mechanism, this provision would inevitably lead to arbitrary power exercise.”
Among the most impactful interventions was regarding Section 3C, which had previously granted designated government officials the authority to determine the status of Waqf properties.
The Central government had formally enacted the Act on April 8, following President Droupadi Murmu’s assent on April 5.
Both the Lok Sabha and the Rajya Sabha had passed the Waqf (Amendment) Bill, 2025, on April 3 and April 4, respectively.