Supreme court refuses to stay entire waqf law, strikes down 5-year Islam clause
New Delhi (The Uttam Hindu): The Supreme Court has given an important verdict on the petitions challenging the validity of the Waqf (Amendment) Act 2025. The court has put a stay on some controversial provisions of the law for the time being, however refused to strike down the entire Act.
The court has stayed the provision which made it mandatory to follow Islam for at least 5 years to become a member of the Waqf Board. The court said that this condition will not be applicable until the government makes clear rules in this regard.
Supreme Court refuses to stay the entire Waqf law, rejects the provision of following Islam for 5 years : The Supreme Court also stayed the revenue record provision related to section 3(74) saying that giving the right to any collector or executive to decide the rights of property is against the separation of powers. The court clarified that until the final decision related to the Waqf property is taken by the Waqf Tribunal and the High Court, the Waqf cannot be evicted from the property nor will any third party rights be created.
Regarding the composition of the board, the court said that the majority of the 11 members should be from the Muslim community and there can be a maximum of three non-Muslim members. Also, as far as possible, the Chief Executive Officer (CEO) of the board should be a Muslim.
The court also clarified that no fault was found in the provisions relating to property registration and the presumption of constitutional validity of the law remains. The court said that at present interim protection is being given only on some sections while there is no basis to stay the entire Act.