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“Five-year Muslim condition suspended, number of non-Muslim members restricted, Supreme Court also curbs powers granted to Collectors.”
New Delhi, September 15(PMI) The Supreme Court on Monday imposed restrictions on certain provisions of the Waqf (Amendment) Act, 2025, while hearing multiple petitions challenging its validity.
A bench of the apex court stayed the controversial clause that required an individual to be a practising Muslim for at least five years before creating a Waqf. The court observed that such a provision could lead to arbitrary decisions in the absence of clear rules.
The court also placed limits on the participation of non-Muslims in Waqf bodies. It ruled that the Central Waqf Council cannot have more than four non-Muslim members, while State Waqf Boards cannot include more than three non-Muslims. The bench, however, allowed the provision that permits non-Muslims to hold administrative positions such as Secretary or Chief Executive Officer, stating it should be applied “as far as possible” in favour of Muslims.
In another significant direction, the Supreme Court stayed provisions granting district collectors sweeping powers to decide disputes over Waqf properties. It clarified that no changes in land records or third-party rights would be allowed until such disputes are adjudicated by a competent tribunal or court.
The bench also extended temporary protection to properties recognized as “Waqf by user,” ensuring their status remains unchanged pending final judgment.
While the court stopped short of staying the entire Act, it emphasized that several provisions raised serious constitutional concerns and would be examined in detail during final hearings.(pressmediaofindia.com)
