The Supreme Court of India, on Monday, declined to suspend the entire Waqf law, emphasizing the “presumption” of constitutionality in its favor. However, it suspended the enforcement of key provisions, including the clause that mandates an individual to have practiced Islam for five years before being able to create a waqf.
The court noted that “some sections need some protection.” It directed that the Chief Executive Officer of the Waqf Board should be, when possible, a Muslim but allowed for the amendment permitting a non-Muslim to hold the position of CEO.
Additionally, the Supreme Court stated that a government official’s report on whether a property is valid Waqf land would not alter the title of the property without high court approval. During this process, the Waqf Board is prohibited from creating third-party rights over the disputed property.
A bench consisting of Chief Justice BR Gavai and Justice AG Masih stated that laws enacted by Parliament should typically be regarded as valid, with stays granted only in exceptional cases. Chief Justice Gavai, in the interim order, indicated that while the Supreme Court was not issuing a binding direction, it would be prudent for the Centre to limit the nomination of non-Muslims to three out of eleven members on the Central Waqf Council, ensuring that the ex-officio chairperson is from the Muslim community.
This ruling follows the extensive hearings that concluded with an interim order reserved on May 22. Earlier, on April 25, the Union Ministry of Minority Affairs submitted a comprehensive 1,332-page affidavit advocating for the law, urging the court against granting a “blanket stay” on a statute that carries the presumption of constitutionality as it was enacted by Parliament. The Centre notified the amended law on April 8 after receiving President Droupadi Murmu’s assent on April 5. The Waqf (Amendment) Bill, 2025 was passed by the Lok Sabha on April 3 and the Rajya Sabha a day later, setting the stage for the current legal challenge.
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Tags: Supreme Court, Waqf Act, partial stay, Islam practice clause, key provisions
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