Mon Sep 15 10:42:31 UTC 2025: **Supreme Court Puts Key Provisions of Waqf Amendment Act on Hold**
New Delhi: The Supreme Court on Monday issued a temporary stay on several key provisions of the Waqf Amendment Act, a contentious piece of legislation governing charitable donations by Muslims. The court’s decision addresses concerns over potential abuse of power and violation of the separation of powers doctrine.
Among the provisions halted were those requiring potential donors to be “practicing Muslims” for five years, allowing the nomination of non-Muslim individuals to federal and state Waqf boards, and granting District Collectors broad authority to determine waqf property status. The court, led by Chief Justice BR Gavai, deemed these provisions susceptible to “arbitrary exercise of power” and suspended them pending resolution of petitions challenging the law’s constitutional validity.
However, the court declined to suspend the requirement for waqf property registration, citing its pre-existing status in law, albeit unenforced. Petitioners had argued that implementing registration now would unfairly disadvantage properties claimed through historical possession (“waqf by user”). While the court acknowledged concerns about misuse, it granted temporary protection to “waqf by user” properties, preventing immediate changes to their status and requiring disputes to be addressed by a waqf tribunal before potentially reaching the High Court.
The Waqf Amendment Act, passed in April, has faced significant opposition, with critics arguing it undermines the rights of Muslims and violates constitutional principles of secularism and religious freedom. The government defends the amendments as necessary for better managing waqf properties and preventing fraudulent transfers. The Supreme Court’s decision marks a significant development in the ongoing legal battle over the law’s validity.
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