SC’s order on Waqf Act, Pg 13.

Key Highlights:

• The Supreme Court issued an interim stay on certain provisions of the Waqf (Amendment) Act, 2025, pending a final decision on its constitutional validity.
• The court's order addresses concerns raised in approximately 65 petitions challenging the law passed by Parliament in April 2025.
• Key provisions stayed include those related to the powers of the District Collector, the composition of Waqf boards, and the "five-year rule" for dedicating property as Waqf.
• The court declined to stay the abolition of "Waqf by use" and the applicability of the Limitation Act.

Detailed Insights:

• The Waqf (Amendment) Act, 2025 aimed to address mismanagement and prevent encroachment on public lands by introducing changes to the original Waqf Act, 1995.
• The Supreme Court intervened due to concerns that certain provisions of the amendment might violate Article 26 of the Constitution, which protects the rights of religious denominations.
• The stay on the District Collector's powers was based on the court's view that these provisions appeared to be an overreach of executive authority, potentially bypassing the judicial process.
• The court capped the number of non-Muslim members on Waqf boards to prevent non-Muslim majorities, addressing concerns about interference in the community's administration of religious institutions.
• The "five-year rule" was stayed due to the lack of a clear mechanism for verifying a person's religious practice, raising concerns about potential discrimination and arbitrary application.
• The court upheld the abolition of "Waqf by use" prospectively, citing the legislature's intent to prevent encroachment on government properties based on past instances of misuse.
• The application of the Limitation Act was also upheld, as the court viewed it as removing discrimination by placing Waqf properties on equal footing with other properties under the law.

Key Concepts Involved:

• Waqf: A permanent endowment of movable or immovable property by a Muslim for religious, pious, or charitable purposes.
• Mutawalli: A designated individual who manages a Waqf property, ensuring its income is used for the intended purpose.
• Article 26: A constitutional provision guaranteeing religious denominations the right to manage their own affairs.