New Delhi: The Supreme Court on Monday stayed select provisions of the Waqf (Amendment) Act, 2025, while reserving other parts, holding that certain clauses could lead to arbitrary powers and violate the principle of separation of powers.
A bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih passed the interim order while noting that the registration requirement under the Act will remain in force.
The Court stayed the following provisions: - Five-Year Practising Condition: Section 3(1)(r), which mandates that a person must be a practising Muslim for at least five years to create a Waqf, has been stayed.
The Court directed that this provision will not apply until state governments frame rules to determine the applicability of the requirement. The bench noted that without such a mechanism, the provision could result in an “arbitrary exercise of power”.
Congress General Secretary in-charge Communications Jairam Ramesh and All India Muslim Personal Law Board member Maulana Khalid Rashid Farangi welcomed the SC order.
Jairam Ramesh said the order represents a substantial victory not just for the parties that opposed this arbitrary law in Parliament but all those members of the Joint Parliamentary Committee who submitted detailed dissent notes which were then ignored but now stand vindicated.
‘’The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute. Counsels..We welcome this order as a win for the constitutional values of justice, equality, and fraternity,’’ he tweeted.
In Lucknow Maulana Khalid Rashid Farangi while welcoming the SC order, hoped that there would be ‘’complete relief’’ when the final decision comes….”we welcome the stay on some provisions…The stay on Sections 3 and 4 is a very welcome step, and we hope that whenever the final decision comes, we will get 100 percent relief.’’
