Supreme Court issues interim directions on Waqf (Amendment) Act, 2025
New Delhi, Sept 15: The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act, 2025, but put on hold a few contentious provisions, including a clause requiring a person to have practised Islam for five years before creating a waqf. The bench stressed that the “presumption is always in favour of the constitutionality of a statute” and intervention can be made only in exceptional cases.
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SC Upholds Presumption of Constitutionality
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih, in its 128-page interim order, said no case had been made out to stay the law in its entirety. “The prayer for stay of the impugned Act is, therefore, rejected,” the court noted.
Key Provisions Put on Hold
However, to “balance equities” and protect parties, the court stayed certain provisions. These included: - A clause empowering collectors to adjudicate the status of waqf properties. - The restriction on non-Muslim participation in Waqf Boards, capping membership at four in the Central Waqf Council and three in State Waqf Boards. - The requirement that only persons professing Islam for at least five years may create a waqf, pending state rules to establish a verification mechanism. - A clause preventing properties from being treated as waqf until a designated officer’s report is filed.
The court also barred any dispossession of waqf properties or alteration of records until final adjudication by waqf tribunals, subject to appeals in High Courts. No third-party rights would be created until such determinations are complete.
Other Provisions Remain Intact
The bench did not stay Section 23 concerning the appointment of a Chief Executive Officer, but advised that, “as far as possible,” CEOs be appointed from the Muslim community. It clarified that these directions are interim and will not restrict petitioners or the government from advancing arguments on the Act’s validity during the final hearing.
Historical Context
The order referred to legislative history, recalling the Mussalman Wakf Act of 1923, which was enacted to address mismanagement of waqf properties. It also underlined that waqf, as an endowment for religious or charitable purposes, is inalienable — meaning it cannot be sold, gifted, or inherited.
Court’s Observations
The bench reiterated that courts should be “very slow” in granting interim relief against legislative enactments, adding that relief of such nature should be reserved for rare and exceptional cases. The burden of proof, it said, lies with those challenging the law to demonstrate clear constitutional violations.
- Entire Law: Not stayed, presumption of constitutionality upheld.
- Provisions Stayed: Clauses on waqf creation, collector’s powers, and property adjudication.
- Directions: No dispossession or record changes until tribunal and High Court rulings.
Source: PTI
Labels: Supreme Court, Waqf Law, Judiciary
Tags: #SupremeCourt #WaqfAct #Judiciary #Law
Disclaimer: This article is a rewritten summary based on reporting by PTI. Jammu News Portal does not assume responsibility for the accuracy of external content.
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