Published on : 30 Sep 2025, 2:41 pm 4 min read

The Supreme Court's interim order in the Waqf Amendment Act case offers a window into one of the more perplexing questions of contemporary constitutional law: when, if at all, may the state inquire into the authenticity of an individual's religious practice?

The Court's decision to stay the provision requiring individuals to demonstrate five years of practicing Islam before creating a waqf provides temporary relief, but the reasoning behind this stay reveals deeper constitutional tensions that merit careful examination. At its core, the disputed provision in Section 3(r) of the amended Act seeks to redefine who may create a waqf by introducing a temporal requirement - five years of demonstrable Islamic practice. While the legislati

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