New Delhi: The Supreme Court on Monday stalled the operation of key provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.

Pronouncing an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said, “We have considered prima facie challenge to each of the sections and found no case was made out to stay the entire statute.”

The top court, however, stayed the provision which said that persons practising Islam for the last five years can only create a waqf.

It also stayed the provision which enabled an officer designated by the government to determine the dispute whether the Waqf property has encroached on a government property.

“We have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that the entire Act is challenged, but the basic challenge was sections 3(r), 3C, 14,…,” the CJI said.

It directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointment of a non-Muslim as a CEO.

It also said the number of non-Muslims in state waqf boards and central waqf councils cannot exceed three.

The Centre notified the Waqf (Amendment) Act, 2025 on April 8 after it got President Droupadi Murmu’s assent on April 5.

The Lok Sabha and the Rajya Sabha passed the Waqf (Amendment) Bill, 2025 on April 3 and April 4 respectively.

The top court on May 22 had reserved its order on three key issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”, which cropped up during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

With inputs from PTI

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