Key provisions in the Waqf (Amendment) Act, which triggered nationwide protests, have been suspended as the Supreme Court highlighted that some of them would result in an "arbitrary" exercise of power.
The bench, comprising Chief Justice of India BR Gavai and Justice AG Masih, stated that no case was made out to stay the entire statute, but "some sections need some protection". These provisions will remain paused until the petitions challenging the Act’s constitutionality are resolved.
Raising concerns about the extensive powers granted to a district collector under the new law, the court said, "The collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers." Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed.
"The new law had designated the District Collector as the final authority in matters concerning Waqf property ownership. Muslim organisations protesting the Act had highlighted this provision, warning it could lead to a surge in illegitimate claims on Waqf properties.
The bench also ruled that no more than three non-Muslim members should be included in a Waqf board, and no more than four in the Central Waqf Council.
Chief Justice Gavai noted that the clause requiring a person to have practised Islam for at least five years to declare a Waqf must also be suspended. "Without any mechanism, it will lead to an exercise of arbitrary power," he remarked.
The court emphasised that its "presumption is always in favour of the constitutionality of a statute" and that intervention should occur only in the "rarest of rare cases".
Amendments to the 1995 Waqf law, which were passed by Parliament and received the President’s assent in April, sparked widespread protests across the country, with Muslim organisations branding the changes unconstitutional and a plot to seize Waqf land. The government dismissed these claims, asserting that many Waqf properties are embroiled in significant land disputes and flagged issues of encroachment. The Centre stated that the new law aimed to resolve these issues.
Also Read: SC rejects Delhi Waqf Board’s plea over property rights claim
Among the petitioners challenging the Waqf Amendment Act is the All India Muslim Personal Law Board, a prominent Muslim organisation. Its member, Syed Qasim Rasool Ilyas, said the board’s arguments had been accepted by the top court "to a large extent".
"Our point on 'Waqf by User' has been accepted. Along with this, our point on protected monuments has also been accepted, that there will be no third-party claim. The five-year amendment that was imposed has been removed, and along with this... I want to say that by and large, many of our points have been accepted, and we think that there is satisfaction to a large extent," he said.
Also Read: SC to pronounce interim order on Waqf Act pleas on Sep 15
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