No stay on waqf law but SC puts in guardrails: Limits DC's powers, caps non-Muslim presence, Pg 1.

Key Highlights:

• The Supreme Court issued an interim order on the Waqf (Amendment) Act, 2025, declining to stay the entire law but limiting certain provisions.
• The court capped the number of non-Muslim members in the Central Waqf Council at four and in State Waqf Boards at three.
• The SC stayed the provision allowing suspension of Waqf status upon inquiry commencement and the power of designated officers to correct revenue records.
• The court refused to stay the abolition of "Waqf by use" and the implementation of the Limitation Act.

Detailed Insights:

• The Waqf (Amendment) Act, 2025 was challenged by various petitioners, arguing it violated Article 26 of the Constitution, which guarantees religious institutions the right to manage their affairs.
• The amendment granted new powers to the District Collector to inquire into the status of Waqf properties, which petitioners argued was an executive overreach bypassing the judicial process.
• The "five-year rule" for dedicating property to Waqf status, requiring proof of practicing Islam for five years, was stayed until the government establishes a verification mechanism.
• The court upheld the deletion of "waqf by user," stating that the legislature is justified in deleting the provision if it finds instances of misuse.
• The Limitation Act's implementation, which brings Waqf properties under the same legal framework as other properties, was not stayed, as the court viewed it as removing discrimination.

Key Concepts Involved:

• Waqf: A permanent endowment of property by a Muslim for religious, pious, or charitable purposes.
• Mutawalli: A designated individual who manages a Waqf property and ensures its income is used for the intended purpose.
• Article 26: A constitutional provision guaranteeing religious denominations the right to establish and manage their institutions.
• Limitation Act: A law that sets a time limit for initiating legal proceedings to recover encroached land.