‘Tight slap’ on Modi govt: Opp; constitutionality of law upheld, contends BJP
NEW DELHI, Sep 15: The Supreme Court on Monday put on hold several key provisions of the Waqf (Amendment) Act, 2025, including the clause that only those practising Islam for the last five years can dedicate a property as Waqf, but refused to stay the entire law.
“We have held that presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases,” a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its interim order on the intensely debated issue.
The apex court also pressed pause on the powers given to a collector to adjudicate the status of waqf properties and ruled on the contentious issue of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11.
The CJI said the bench has considered the “prima facie challenge” to each section in the new law and found that “no case was made out to stay entire provisions of the statute”.
“However some sections need some protection,” he said.
The bench made clear that its directions were prima facie and interim in nature and they would not prevent the petitioners or the government from advancing full arguments on the constitutional validity of the law at the stage of final hearing.
The detailed judgement is awaited.
CJI Gavai then referred to the provisions which have been interfered with or stayed by the interim order.
“The requirement that a person has to be a practicing Muslim for the last five years before he can dedicate a property as waqf (Section 3(r)) has been stayed until the state governments rules are framed for examining whether a person is a practicing Muslim or not. Without any such rule/ mechanism, the provision will lead to an arbitrary exercise of power,” the order said.
One of the most significant interventions came in relation to Section 3C, which had vested powers in designated government officers to determine the status of Waqf properties.
The bench stayed a proviso to Section 3C(2) of the law, which said a property would not be deemed Waqf until a government officer’s report confirmed no encroachment.
It also stayed the operation of section 3C(3), which authorised the officer to declare a property as government land and alter revenue records.
The order stalled Section 3C(4), which required the state government to direct the Waqf Board to correct its records on the basis of the officer’s findings.
The bench clarified that until the title to a property is finally adjudicated under Section 83 by the Waqf Tribunal, and subject to appeal before the High Court, neither the possession of the Waqf nor its records would be disturbed. However, during the pendency of inquiry, no third-party rights could be created in such properties, it said.
On the non-Muslim participation in Waqf Boards, the bench declined to stay the provisions but imposed limitations.
Meanwhile, Political parties on Monday welcomed the Supreme Court’s order on the new Waqf law with the Opposition including the Congress saying it has put on hold controversial clauses that “infringed” on the rights of Muslims and the BJP contending that the court has upheld the constitutionality of the law by not staying it.
Prominent Muslim bodies also welcomed the apex court order expressing hope of getting “complete justice” in the matter once the final verdict is pronounced.
Both the All India Muslim Personal Law Board (AIMPLB) and the All India Shia Personal Law Board (AISPLB) termed the order a welcome step, even as the former said it expected the top court to stay the entire law, and not just certain key provisions.
The AIMPLB also expressed dissatisfaction over the top court’s refusal to stay the entire law saying it leaves “numerous harmful provisions” in operation.
The BJP welcomed the apex court’s order and said it sends out a message to those who were playing “politics of fear” and building a “negative narrative” that the amendments made in the Waqf law “constitutionally correct”.
Union Minister for Minority Affairs Kiren Rijiju welcomed the interim order on the law, saying it was a very good sign for democracy.
The Congress termed the court’s decision as a win for constitutional values of justice, equality and fraternity, while asserting that it goes a long way towards undoing the “mischievous intentions” underlying the original statute.
Congress president Mallikarjun Kharge said the apex court in its interim order reaffirmed its resolve to protect the rights of minorities — a cause for which the Opposition stood united against the Modi government throughout. (PTI)