Supreme Court Stays Key Provisions of Waqf (Amendment) Act, 2025 While Upholding Others
The Supreme Court stayed several controversial provisions of the Waqf (Amendment) Act, 2025, which aimed to regulate Muslim religious endowments. The Court halted the requirement that only Muslims practicing for five years can create a waqf and suspended the District Collectors' power to adjudicate property disputes. However, it upheld the removal of 'waqf-by-user' recognition and the capping of non-Muslim members on Waqf Boards. The government argues these amendments ensure transparency and curb corruption, while critics view them as an arbitrary interference in religious autonomy protected under the Constitution.
Key Points
- The Court stayed Section 3C which authorized District Collectors to decide if a property is waqf.
- Provisions capping non-Muslim members in the Central Waqf Council at four were upheld as valid.
- The removal of 'waqf-by-user' recognition was upheld, but existing registered properties remain protected.
- The Court maintained the presumption of constitutionality for laws passed by Parliament while protecting minority rights.
Exam Facts
- Waqf (Amendment) Act, 2025 amends the 1995 Waqf Act.
- Article 26: Freedom to manage religious affairs.
- Article 30: Right of minorities to establish and administer educational institutions.
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