Waqf Board Law Supreme Court Verdict: The Supreme Court has refused to completely ban the Waqf Amendment Act 2025. Along with this, a temporary ban has been imposed on the provision of being a follower of Islam for 5 years.
Waqf Board Law Supreme Court Verdict: The Supreme Court has given its important decision regarding the Waqf Amendment Act 2025. However, the court has refused to completely stay this law. It has said that there is no basis to stay the entire law. There is a dispute over some sections. The court is hearing further on this. The apex court directed that as far as possible the Chief Executive Officer of the Waqf Board should be a Muslim. Also, the court refused to stay the amendment regarding appointing a non-Muslim as CEO. That is, the situation is not yet completely clear on the chairman of the Waqf Board of a non-Muslim or Hindu. The apex court has suggested that if possible, the Chief Executive Officer should be a Muslim.
Important points of this decision
The Supreme Court has stayed the provision of the Waqf Amendment Act 2025, which stated that a person must be a follower of Islam for 5 years to create a Waqf. This provision will remain suspended until the state governments make rules to decide whether a person is a follower of Islam or not.
On the rights of the collector
The Supreme Court said on the rights of the collector that his decision will not be the final decision. In this case, the Supreme Court accepted this argument of the Muslim side. In this way, it is a matter of relief for the Muslim side.
CJI’s opinion on the law
The CJI said that we have accepted that there is always a presumption in favor of the constitutionality of any law and interference can be made only in very rare cases. We have considered the preliminary challenge to each section. We did not find that there is any basis to stay the provisions of the entire Act. But some sections need protection.
Supreme Court on Section 3 (R)
This provision imposes a condition that the person should follow Islam for 5 years. Without any mechanism, this provision will lead to the exercise of arbitrary powers, so it is stayed. The CJI said that the Collector cannot be allowed to decide the rights of individual citizens. This would violate the principle of separation of powers. Until the decision is made by the tribunal, the right of any third party cannot be created against any party. The provision giving such powers to the Collector will remain suspended.
Waqf Board cannot have more than three non-Muslim members
We also believe that the Waqf Board cannot have more than three non-Muslim members and there will not be more than 4 non-Muslim members in total. The CJI further said that we have held that the registration existed from 1995 to 2013… and now again. Therefore, we held that registration is not a new provision. We have also considered the time limit for registration.
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