SC finds amended Waqf law paved with good intentions but pockmarked with arbitrariness, Pg13

Key Highlights:

• The Supreme Court stayed provisions of the Waqf (Amendment) Act, 2025, citing arbitrariness in depriving citizens of property rights.
• The court found the Act allowed unilateral freezing of Waqf properties based on mere allegations of encroachment.
• A designated government officer was empowered to determine property titles, a function typically reserved for courts or tribunals.
• The amended statute lacked timelines for probes, potentially leaving Waqfs without recourse for extended periods.
• The court emphasized that the process violated the doctrine of separation of powers and the Constitution's basic structure.

Detailed Insights:

• The Waqf (Amendment) Act, 2025 aimed to streamline Waqf property management but contained provisions infringing on constitutional rights.
• The stayed proviso of Section 3C(2) allowed Waqf properties to be stripped of their status upon encroachment allegations without prior notice.
• Section 3C(3) authorized a government officer to determine property titles, undermining the judicial process and rights of appeal.
• The Act enabled the alteration of revenue records, potentially converting Waqf properties into government assets, creating a fait accompli.
• The Supreme Court's intervention ensures the status of Waqf properties remains unchanged until disputes are resolved through due process.
• The judgment underscores the importance of legislative due process and the protection of constitutional rights against arbitrary state action.

Key Concepts Involved:

• Waqf: An Islamic endowment of property held in trust for religious or charitable purposes.
• Mutawalli: The manager or caretaker of a Waqf property.
• Doctrine of Separation of Powers: The principle dividing governmental power among the legislative, executive, and judicial branches.