Waqf Amendment Act 2025: Supreme Court Order On Pleas For Interim Order-Live Updates
Supreme Court will pronounce its interim order on pleas to stay the provisions of the Waqf Amendment Act 2025 today.
A bench of Chief Justice of India BR Gavai and Justice AG Masih had reserved the order on May 22 after hearing the parties over three days.
The petitions are filed challenging the constitutionality of the sweeping changes made to the Waqf law by the amendments passed by the Parliament in 2025.
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BREAKING: Order: we have held presumption is always on constitutionality of statute and in rarest it can be done. We have found that entire act is challenged, but basic challenge was sections 3(r), 3C, 14, we have gone to legislative history from 1923 act and considered prima facie challenge to each sections and hearing parties, can was not made out for entire statute. But sections which are under challenge, we have granted stay:
1. 3r- need 5 years as practising Islam stands failed until rules are formed, it would lead to arbitrary exercise of powers
2. 2(c) proviso- waqf property shall not be treated as waqf property
3. 3C- designed officer making challenge in revenue records permitting the collector to determine rights would be against separation of powers. Until finality, the rights of properties will not be affected. Until the title is not decided, neither waqf will be dispossesed of the property.
4. Shall not consist of more than 4 non-muslim members, and for State, not more than 3
5. Section 23- Ex-officio officer must be from Muslim community
#SupremeCourt's interim order in challenge to #WaqfAmendmentAct 2025 summarised.
1. SC stayed the condition that a person should be a practitioner of Islam for at least 5 years till rules are framed by State Govts to provide mechanism to determine this question. Without such a mechanism, the provison can lead to arbitrariness, the Court said.
2. SC stayed the provision allowing the Government to derecognize a Waqf land during the pendency of decision by the Govt officer on the dispute of encroachment. SC said allowing Collector to decide the dispute is against the separation of powers.
Till the question of title is decided by the Tribunal or the Court, the disputed Waqf land will not be affected. At the same time, the Court said that no third party rights should be created on such lands till the dispute is decided.
3. SC directed that in Central Waqf Council, the non-Muslim members cannot exceed 4. In State Waqf Boards, the non-Muslim members cannot exceed 3.
4. SC did not stay the provision allowing a non-Muslim to be the CEO of the State Waqf Board. SC however said that as far as possible, a Muslim person should be appointed.
5. SC did not interfere with the condition of registration, but granted certain timeline extensions.
BREAKING: Supreme Court stays various provisions of the Waqf(Amendment) Act, 2025 under challenge, including pre-condition of 5 years as practising Muslim for the creation of waqf.
#SupremeCourt stays the provision in the #WaqfAmendmentAct enabling an officer designated by the Government to determine the dispute whether the Waqf property has encroached a Govt Property.
#BREAKING #SupremeCourt directs that so far as possible the Chief Executive Officer of the Waqf Board should be a Muslim, while refusing to stay the amendment allowing the appointmnet of a non-Muslim as a CEO.
#BREAKING #SupremeCourt stays the provision in the Waqf Amendment Act 2025 that a person should be a practitioner of Islam for 5 years to create a Waqf.
The provision stayed till State Govts frame rules on determining whether a person is a practitioner of Islam.