Supreme Court stays several provisions of Waqf Amendment Act
Among the provisions stayed was one requiring a person creating a waqf to have been practicing Islam for five years.
The Supreme Court on Monday stayed several provisions of the Waqf Amendment Act, including one that requires a person creating a waqf to have been a practicing Muslim for at least five years, Live Law reported.
The court, however, said no case had been made to stay the entire amendment.
In its interim order, the court said that the five-year requirement would be suspended until state governments frame rules to determine how such a condition can be verified.
A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih said that without such a mechanism, the provision could lead to arbitrariness.
A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.
The court has been hearing a set of petitions challenging the Waqf Amendment Act, which critics say discriminates against Muslims and interferes with waqf property management. The Centre has defended the law, saying it aims to prevent misuse of waqf provisions to encroach on public and private land.
On Monday, the Supreme Court also said that the number of non-Muslim members in the Central Waqf Council cannot exceed four, Bar and Bench reported.
State waqf boards cannot have more than three non-Muslim members, the court added.
The Central Waqf Council has 22 members, while state waqf boards have 11 members.
The Supreme Court also stayed a provision that allows the government to derecognise waqf land while a decision on encroachment is pending. It said that the disputed land cannot be affected until a court or tribunal decides on its title.
Meanwhile, the bench did not stay a provision of the law that allows a non-Muslim to be the chief executive officer of a state waqf board. However, it said that as far as possible, a Muslim should hold the post, Live Law reported.
The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function. The bill was cleared by Parliament on April 4.
The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.
Also read: With the Waqf Bill, the state brings a legal bulldozer to minority rights
