SC stays ‘arbitrary’ Waqf changes, but upholds Act, Pg1

Key Highlights:

• The Supreme Court stayed key portions of the Waqf (Amendment) Act, 2025, deeming them "prima facie arbitrary".
• A provision requiring individuals creating a Waqf to prove five years of practicing Islam was suspended.
• The court struck down a section causing a Waqf to lose its status upon doubt of government ownership.
• The court mandated a limit of four non-Muslims on the Central Waqf Council and three on State Waqf Boards.
• Chief Executive Officers of State Waqf Boards must be selected from the Muslim community "as far as possible".

Detailed Insights:

• The court presumed parliamentary legislation constitutional, acknowledging even discriminatory statutes may have grounds.
• The stay was issued due to the absence of a mechanism to verify an individual's five-year practice of Islam.
• The court deemed it unconstitutional for a Waqf to lose its character before an official probe into its ownership.
• The executive branch cannot unilaterally alter revenue records, as determining property ownership falls under the judiciary.
• Mutawallis of disputed Waqfs are prohibited from creating third-party rights until a competent tribunal decides the property status.
• The court upheld the requirement for Waqf registration, noting its presence in enactments since 1923.
• The court rejected the argument that a Waqf property loses its status if notified as a "protected monument".

Key Concepts Involved:

• Waqf: An Islamic endowment of property held in trust for religious or charitable purposes.
• Mutawalli: A manager or trustee of a Waqf property, responsible for its administration.
• Separation of Powers: The division of governmental authority among different branches to prevent abuse of power.