This week in Indian law: The Supreme Court granted interim stay on select provisions of the Waqf (Amendment) Act 2025 pending constitutional challenge. The Court laid down a structured four-step process for evaluating quashment petitions under Section 482 CrPC (Section 528 BNSS). 10 significant developments this week across constitutional rights, criminal procedure, and regulatory affairs.
Top story
SC Stays Select Provisions of Waqf Amendment Act 2025
Category: Constitutional Rights | Date: 15 September 2025 | Source: Supreme Court of India
The Supreme Court granted interim stay on select provisions of the Waqf (Amendment) Act 2025, which had been challenged by multiple petitioners as violating constitutional guarantees. The stayed provisions include those altering the composition of Central and State Waqf Boards, introducing non-Muslim members into Waqf Board governance, modifying the power to determine whether a property is Waqf property, and creating new survey and registration requirements for existing Waqf properties. The Court held that the petitioners had made out a prima facie case of constitutional infirmity and that irreparable harm would result if the challenged provisions were allowed to operate pending final hearing. The stay operates until the next date of hearing.
Why it matters: The Waqf Amendment Act was one of the most contested legislative measures of 2025. The interim stay preserves the status quo on Waqf governance while the Court examines fundamental questions about religious freedom, minority rights, and the legislative power to regulate religious endowments.
Read more: Veritect analysis
Court judgments
SC Lays Down 4-Step Process for Quashment Under Section 482
Court: Supreme Court of India | Date: 9 September 2025
The Supreme Court laid down a structured four-step framework for High Courts to evaluate quashment petitions under Section 482 of the Code of Criminal Procedure (now Section 528 of the BNSS). The framework requires courts to apply the following sequential tests:
- Prima facie assessment: Whether the allegations in the FIR or complaint, taken at face value, disclose the commission of a cognizable offence
- Legal sustainability: Whether the legal ingredients of the alleged offence are satisfied by the factual allegations
- Inherent improbability: Whether the allegations are so inherently improbable that no reasonable person would conclude a crime was committed
- Balancing test: Whether continuing the prosecution would amount to an abuse of process, weighing the complainant's interest against the accused's right to be free from vexatious proceedings
Key point: The four-step framework standardises what was previously an unstructured discretionary exercise, reducing inconsistency across High Courts in Section 482 applications.
Supreme Court of India · Veritect analysis
Also this week
- Income-Tax Act 2025 transition planning — CBDT working groups continue preparing transition circulars; first batch expected by October.
- Online Gaming Act implementation — MeitY stakeholder consultations on licensing framework rules underway; industry feedback period open.
- SEBI regulated entity compliance — Phased digital accessibility deadlines being tracked; larger entities approaching first compliance milestone.
- NCLT/IBC proceedings — Multiple resolution matters advancing through September hearings.
- RBI framework implementation — Banks and NBFCs adapting to unified digital lending directions and amended KYC requirements.
- Maritime law rules — Shipping Ministry continues stakeholder consultations on rules under the new maritime statutes.
By the numbers
- 4 — Steps in the SC's new quashment evaluation framework for Section 482/Section 528 petitions
- 2 — Key provisions of the Waqf Amendment Act stayed by the Supreme Court
- 6 months — Approximate timeline remaining for Income-Tax Act 2025 transition (effective 1 April 2026)
Looking ahead
- Next week: SC expected to issue bail disposal guidelines and hear Anand Karaj marriage registration matter
- Late September: SC hearing on IBC revival in Bhushan Power case
- October: RBI MPC meeting; CBDT transition circulars; NI Act guidelines expected
This is the Veritect Weekly Legal Roundup for Week 37 of 2025. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.