SC declines to stay Kerala Waqf Board curbs, removes government oversight directive
The Supreme Court has declined to interfere with the Kerala High Court's interim direction barring the state Waqf Board from making major decisions or capital expenditures. The High Court's order was based on the Board's constitution not conforming with the 2025 Waqf Amendment Act, which requires the inclusion of two non-Muslim members and one Shia member. However, a three-judge bench of the SC, presided over by CJI Surya Kant, deleted the High Court's directive that the Board should function under the supervision of a government joint secretary or additional secretary, noting that the matter is pending before the High Court.
Key Points
- The Supreme Court upheld the Kerala High Court's interim order restricting the Waqf Board's major financial decisions.
- The High Court's decision was based on the Board's non-compliance with the 2025 Waqf Amendment Act regarding member composition.
- The 2025 Waqf Amendment Act mandates the inclusion of two non-Muslim and one Shia member.
- The SC, however, removed the High Court's directive for government oversight of the Board's functioning.
- The matter is still pending before the Kerala High Court for further deliberation.
Exam Facts
- Act mentioned: 2025 Waqf Amendment Act.
- Required members: two non-Muslims, one Shia member.
- Supreme Court bench presided over by: CJI Surya Kant.
- High Court's order came on: Public Interest Litigations (PILs).
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