The Supreme Court on Monday pronounced its verdict on a petition challenging the validity of the Waqf (Amendment) Act 2025. While giving its verdict, the apex court has stayed some provisions of the law.
The Supreme Court has stayed the provision that laid down the condition of following Islam for at least five years to become a member of the Waqf Board. The court said that till the appropriate rules are not made in this regard, this provision cannot be implemented.
The court expressed concern over the powers given to the District Collector.
The apex court expressed concern over the powers given to the District Officer in the new law made in the Waqf Amendment Act 2025. The Supreme Court said that the collector cannot be allowed to decide on the personal rights of the citizens, and it would violate the separation of powers.
The court clarified that till the decision is taken by the tribunal, no third party right can be created against any party. The court stayed the provision related to such powers given to the collector.
Let us tell you that the new law empowered the District Collector as the final arbitrator in matters related to the ownership of Waqf property. Muslim organizations opposing this law had questioned this provision. The organization had said that this is likely to increase illegal claims on Waqf properties.
What should be the number of non-Muslim members in the Waqf Board?
The Supreme Court bench said that not more than three non-Muslim members should be included in the Waqf Board. Apart from this, there should not be more than four non-Muslim members in the Central Waqf Council.
During the hearing, Chief Justice BR Gavai said that the section should also be removed from the law, according to which only a person who has followed Islam for at least five years can declare a Waqf. The court said that without a system, there is a possibility of arbitrary power being used in it.
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