Staff Reporter / New Delhi
The Supreme Court on Monday stayed certain controversial provisions of the Waqf (Amendment) Act 2025. A bench comprising Chief Justice of India BR Gavai and Justice AG Masih stayed the provision that a person should be a practitioner of Islam for 5 years to create a Waqf till State Governments frame rules regarding the determination of this condition.
The provision allowing the designated officer of the Government to decide the dispute whether a Waqf property has encroached upon a Government property has been stayed with the observation that an Executive Officer cannot be permitted to adjudicate the rights of personal citizens and this will violate the separation of powers. However, till adjudication happens by the Tribunal, no third party rights can be created against any party.
The provision allowing the nomination of non-Muslim members to the Waqf Boards has not been stayed. However, the Court observed that, as far as possible, the ex officio member of the Board should be a Muslim person. The Court observed that for the Central Waqf Council, it shall not consist of more than 4 non-muslim members, and for the State Waqf Board, not more than 3 non-Muslim members.
The Court observed that for the Central Waqf Council, it shall not consist of more than 4 non-muslim members, and for State Waqf Board, not more than 3 non-Muslim members. The Court has clarified that its observations are only prima facie in nature and will not prevent parties from making further submissions challenging the validity of the Act.
The Apex Court did not stay the entire Act. However, crucial sections of the Act has been stayed giving relief to the Muslim community.
Following provisions have been stayed –
- Should be a practicing Muslim for five years to give Waqf – Stayed.
- Power of Collector to declare title of Waqf property is stayed. Supreme Court says the provision is against the separation of power. No title or revenue record will be changed till the finality of the judgement.
- Non Muslim members in Waqf council should not be more than 3 out of 7. CEO and ex officio members should be Muslim as far as possible.