Some provisions of the Wakfu Act have been stayed by the Supreme Court, stressing that it does not have the power to stop the entire law.
‘वक्फ करने के लिए 5 साल तक इस्लाम फॉलो करना जरूरी नहीं’, SC का बड़ा फैसला, कई और धाराओं पर भी रोक
The Supreme Court has stayed the provision of the Waqf Amendment Act, 2025, under which a person was required to be a follower of Islam for five years to create a Waqf. The Supreme Court has said that this provision will remain suspended until rules are made to decide whether a person is a follower of Islam or not.
The Supreme Court has refused to stay all the provisions of the Waqf (Amendment) Act, 2025. However, the court says that some sections need protection.
Apart from this, the provision of revenue records related to section 3 (74) has also been stayed. The Supreme Court made it clear that the executive cannot determine the rights of any person. No one can be evicted from the Waqf property until a final decision is taken regarding the nomination on the revenue records. However, the court also said that during this time the rights of any third party will not be created.
Cannot ban the entire law – Supreme Court
The court said that initially we examined every provision and found that there is no case to stop the entire law. The Supreme Court also directed that as far as possible, the Chief Executive Officer (CEO) of the Waqf Board should be a Muslim. But, the court refused to stay the amendment, which states that the CEO of the Waqf Board can also be a non-Muslim. The main challenge is Section 3 (c), 3 (d), 3 (e) has been stayed by the Supreme Court.
The court had reserved the decision
The Supreme Court had reserved the interim order on this matter on May 22. The bench headed by Chief Justice B.R. Gavai had heard the arguments of the petitioners and Solicitor General Tushar Mehta appearing on behalf of the Central Government for three consecutive days. After this the interim order was reserved.
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