Waqf Board News / SC's decision on Waqf law, one provision of the law banned - know everything

Waqf Board News: The Supreme Court has recently issued an interim order on some provisions of the Waqf Amendment Act 2025. In this order, the court has stayed some parts of the law, while refusing to stay the entire law. This article highlights the key points of the court's decision, the provisions stayed and its implications.

Ban imposed by the court

The Supreme Court has stayed the provision of the Waqf Amendment Act 2025, which made it mandatory for a person to be a follower of Islam for at least 5 years to declare a Waqf property. Additionally, the court has also stayed the provision in which it was mandatory for a person to be a follower of Islam to create a Waqf. This ban will remain in effect until the state governments make clear rules to determine whether a person is a follower of Islam or not.

Non-Muslims and Chief Executive Officer of Waqf Board

Under a provision in the Waqf Amendment Bill, non-Muslim persons were also allowed to be appointed as the Chief Executive Officer (CEO) of the Waqf Board. This provision was challenged, demanding that it be stopped. The Supreme Court clarified on this that as far as possible, the CEO of the Waqf Board should be from the Muslim community. However, the court refused to put a complete stay on this provision. This means that if no qualified Muslim candidate is available, a non-Muslim person can be appointed as CEO.

Key points of the court's decision

The following points are noteworthy in the interim order of the Supreme Court:

Appointment of non-Muslim CEO: Non-Muslim persons can become the Chief Executive Officer of the Waqf Board, but this will be possible only if no qualified Muslim candidate is available.

Settlement of Waqf land dispute: The Collector will not have the right to settle disputes related to Waqf land. This right will remain only with the tribunal.

Limit on number of non-Muslim members: The maximum number of non-Muslim members in the Central Waqf Board has been limited to four and in state Waqf Boards to three.

Provision of Section 23: The ex-officio officer shall be from the Muslim community only.

Supreme Court's stand

Delivering the verdict, the Chief Justice of India (CJI) said, "We have considered the prima facie challenge to each section. We have found that there is no case for staying the entire provisions of the law. However, some sections need to be given some protection. We have held that the presumption is always in favour of the constitutionality of the law and interference is made only in the rarest of rare cases. An order to stay the law can be granted only in the rarest of rare cases."

Implications

This interim order of the Supreme Court will have a significant impact on the implementation of the Waqf Amendment Act 2025. This order will not only affect the management and control of waqf properties, but will also bring changes in the structure and functioning of waqf boards. Provisions such as allowing non-Muslim individuals to be appointed as CEOs and a limit on the number of non-Muslim members can promote inclusiveness and balance in waqf boards. Also, the court has ensured that disputes related to waqf properties are settled through tribunals, which will promote transparency and fairness.