ASI-Protected Monuments Can't Be Declared As Waqfs : Supreme Court Refuses To Stay Waqf Amendment Act 2025 Provision

In its decision on September 15, 2025, the Supreme Court addressed challenges to Section 3D of the Waqf (Amendment) Act, 2025, which bars the declaration of ASI-protected monuments or protected areas as waqf properties. Petitioners argued that this provision limits the rights of Muslims to practice their religion at sites historically recognized as waqf. Yet, the Court refused to stay this section, reasoning that protection and preservation of historic monuments under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR) must be prioritized over proprietary interests in waqf. The bench, headed by Chief Justice BR Gavai and Justice AG Masih, elaborated that under Section 5(6) of the AMASR Act, citizens may continue customary religious practices even in protected monuments. Thus, there is no blanket prohibition of religious observances; only the designation or notification of waqf property is void if it conflicts with protected monument status. The reasoning suggests that the legislative intent is to ensure unfettered access to ASI officials for preservation activities, eliminating legal complexities that previously arose when Mutawallis hindered such access. The Court found the petitioners’ concerns about religious deprivation unfounded since the continuation of religious practices is still recognized by law, provided they do not interfere with monument conservation. The decision also links with other related Supreme Court orders addressing the waqf amendment, notably the abolition of 'waqf by user' and interim stays on other disputed provisions. In sum, the Supreme Court’s approach balances religious rights with the imperative of preserving India’s heritage, clarifying the scope and limits of waqf in relation to national monuments.