New Delhi: The Supreme Court has stayed several provisions of the Waqf (Amendment) Act, responding to widespread protests and petitions questioning its constitutionality. The bench of Chief Justice of India BR Gavai and Justice AG Masih held that while the entire statute would not be suspended, key provisions needed protection until final adjudication.
One of the most contested clauses gave District Collectors sweeping powers to decide ownership disputes of Waqf properties. The court said this violated the principle of separation of powers, noting that such disputes must be adjudicated by tribunals, not revenue officers. The provision has now been paused, with the court clarifying that no third-party rights can be created during the pendency of cases.
The bench also halted the provision restricting the declaration of Waqf to persons who have practiced Islam for at least five years. Chief Justice Gavai said the clause lacked a clear mechanism and risked arbitrary implementation. Further, the court limited the number of non-Muslim members on Waqf boards to three and capped representation in the Central Waqf Council at four.
The amendments to the 1995 Waqf Act, passed in April, triggered large-scale demonstrations by Muslim organisations who argued that the changes undermined community rights and opened the door to illegitimate claims over Waqf land. The government defended the law as a step to resolve disputes and encroachments affecting Waqf properties.
Among the petitioners, the All India Muslim Personal Law Board welcomed the court’s interim relief. Its member Syed Qasim Rasool Ilyas said the judgment addressed major concerns, including protection for “Waqf by User” and removal of the five-year clause, describing the decision as satisfactory.
