Big Supreme Court Order On Waqf Amendment Act; Partly Pauses Waqf Act (X)
Waqf (Amendment) Act: In a big order, the Supreme Court stayed key provision in the Waqf (Amendment) Act, which provided the power to the district collector to check if a property declared as Waqf is government property and pass orders. Refusing to stay the entire Waqf Amendment Act, the Court stayed some significant provisions and put on hold the key provision that stated that the person should be a practitioner of Islam for 5 years in order to create a Waqf.
In a big development, the Supreme Court refused to stay the Waqf (Amendment) Act, 2025 in its entirety, stating the reason that no case had been made out for such order, even as it mentioned that certain provisions may require interim protection.
On Monday, during the hearing of the case, the Supreme Court stated that not more than 3 non-muslim members should be present in the board, while only a total 4 non-muslim members are mandated to be there.
During the session, Chief Justice of India Justice BR Gavai stated that collectors "cannot be permitted to adjudicate rights of personal citizens and this will violate separation of powers."
The Supreme Court said, "Till adjudication happens by the tribunal, no third party rights can be created against any parties. The provision dealing with such powers to collector shall remain stayed. We also hold that Not more than 3 non muslim members in the waqf board and in total not more than 4 non-muslim members."
"The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years, have been stayed because there is no mechanism to determine whether someone has been a Muslim for five years or not... As far as non-Muslim members are concerned, the court has said that in the Waqf Board, it cannot be more than 3 and not more than 4 in Section 9, and on the registration, the court has apparently extended the time limit but has not stayed the provision...," Advocate Anas Tanweer (petitioner who filed plea challenging Waqf Act) stated.
"This is a really good decision. The Supreme Court has reined in the conspiracy and intentions of the Government. People who donate their land were fearful that the government would attempt to grab their land. This is a relief to them...How will the Govt decide who has been a practising Muslim for 5 years? This is a matter of faith...Govt took note of all these aspects...We will continue the fight...," said Congress MP Imran Pratapgarhi.
It is worthy to be mentioned here that President Murmu on April 5 gave her nod to the Waqf (Amendment) Bill, 2025, which was passed in the Parliament earlier after heated debates in both Houses.
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