By Gursimran Kaur Bakshi
The Supreme Court today(September 14) stayed certain provisions of the Waqf (Amendment) Act 2025, while observing that several other provisions did not require any interference at the interim stage.
The key points from the interim order passed by the bench of Chief Justice of India BR Gavai and Justice AG Masih are as follows :
1. Stayed the condition that a person should be a practitioner of Islam for at least 5 years till rules are framed by State Governments to provide a mechanism to determine this question. Without such a mechanism, the provision can lead to arbitrariness, the Court said.
2. Stayed the provisions allowing the Government to derecognise a Waqf land during the pendency of decision by the Government officer on the dispute of encroachment. SC said allowing the Collector to decide the dispute is against the separation of powers.
Till the question of title is decided by the Tribunal or the Court, the disputed Waqf land will not be affected. At the same time, the Court said that no third-party rights should be created on such lands till the dispute is decided.
3. Directed that in the Central Waqf Council, the non-Muslim members cannot exceed 4. In State Waqf Boards, the non-Muslim members cannot exceed 3.
4. Did not stay the provision allowing a non-Muslim to be the CEO of the State Waqf Board. However, the Court said that as far as possible, a Muslim person should be appointed.
5. Did not interfere with the condition of registration.
This story was originally published in livelaw.in. Read the full story here.
