SC stays 'arbitrary' Waqf Amendment Act provisions but upholds the overall Act
The Supreme Court has stayed key portions of the Waqf (Amendment) Act, 2025, finding them "prima facie arbitrary." Specifically, the court stayed Section 3C, which allowed a Waqf to lose its character if a government official raised a doubt about its ownership. The court emphasized the principle of separation of powers, stating that determining property title belongs to the judiciary, not the executive. However, it refused to freeze the entire law, upholding the requirement for mandatory registration of Waqfs and the inclusion of non-Muslim members in Waqf Boards, while limiting their numbers to ensure community representation.
Key Points
- The Supreme Court stayed Section 3C of the Waqf (Amendment) Act, 2025, which allowed unilateral alteration of property status by government officials.
- The court ruled that determining property title is a judicial function, and executive interference breaches the separation of powers.
- The requirement for mandatory registration of Waqfs was upheld, noting that unregistered Waqfs cannot claim legal protection.
- The composition of the Central Waqf Council and State Waqf Boards was addressed, limiting non-Muslim membership to specific quotas.
Exam Facts
- Waqf (Amendment) Act, 2025.
- Section 3C of the Act (stayed by SC).
- Central Waqf Council: Maximum 4 non-Muslims out of 22 members.
- State Waqf Boards: Maximum 3 non-Muslims out of 11 members.
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