The Supreme Court on Monday stayed the key provisions in the Waqf (Amendment) Act, 2025, saying they were ‘arbitrary’. A bench of Chief Justice of India BR Gavai and Justice AG Masih ordered that it found no case was made out to stay the whole statute, but some sections need some protection.
“The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers, “the Supreme Court flagged the sweeping powers granted to a district Collector.
The bench set a limit for the non-Muslim members on a Waqf board. The Act had put this number at four non-Muslim members.
Live Law reported that the Supreme Court also stayed the 5-Year Islam practice condition and provision allowing the collector to decide disputes.
What the Supreme Court Said On Waqf Act
As per Live Law, the Supreme Court (Bench) said that we have found that the entire act is challenged, but the basic challenge was sections 3(r), 3C, and 14. And, we grant a say on the followings.
- 3r- need 5 years as practising Islam stands failed until rules are formed, it would lead to the arbitrary exercise of powers
- 2(c) proviso- waqf property shall not be treated as waqf property
- 3C- A designed officer making a challenge in revenue records, permitting the collector to determine rights, would be against the separation of powers.
- Shall not consist of more than 4 non-Muslim members, and for the State, not more than 3.
- Section 23- The Ex officio officer must be from the Muslim community.
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