New Delhi: The Supreme Court on Monday Stayed A Few of the key provision of the recently passed waqf (amendment) act, but hold the constitutionality of the law.A Bench of CJI Br Gavai and Justice Augustine George Masih, In its 128-Page Interim Order Said, “Presumption is Always in Favour of Constitutionality of a statute and intervention (can be done) Rare cases.,“We do not find that any case is made to stay the provisions of the entrere statute. The proyer for stay of the impugned act is, therefore, rejected,” it added.The Orders Comes after a Flurry of Pils Were submitted in the apex court challenging the amended law which was notified by the center on April 8 after receiving president Droupadi murderThe WAQF (Amendment) Bill, 2025 Itsel Had Clered The Lok Saabha on April 3 and the Rajya Sabha A Day Later, Setting the Stage for the Current Legal Challenge.Provisions which were styed by the top courtIn order to “Protect the interest of parties” and “balance the rights”, the top court styed some of the provisions of the law. This includes:
- The apex court put a hold on a clause that only those that is preactising islam for the last five years single create waqf.
- “The following part of clause (r) of section 3 of the amened waqf act ‘any person showing or demonstrating that he is professing islam for at least five years Government for providing a mechanism for determining the question as to white a person has been practicing islam for at least five years or not, ”The bench said.
- “Since no mechanism or procedure has been provided as of now for asceting as to bee Immedited, ”it added.
- It further styed a provision which said a property should not be treated as “Waqf Property Till the Designated Officer Submits His report”.
- In addition, another provision stating, in case the designated officer determines the property to be a government property, he should make Necessary Corrections in Revenue Records and Submit a report to the state Government, was also styed.
What it directed the Central Waqf Council
- The bench directed the Central Waqf Council Not to have than four non-muslim members in the total composition of 20 besides asking state waqf boards to have not more than three successful members in the total of 11.
- Till the final determination about the title of a disputeed property by the tribunal and subject to further orders of the high court in an apple, the bench help, no third-parts wallds.
What it did not stay
- The Bench did not Stay Section 23 (Appointment of Chief Executive Officer and his term of office and other conditions of service) of the amened law.
- It, however, directed the authorities “as far as possible” an effort should be made to appoint the Chief Executive Officer of the Board Who is the Ex-Offero Secretary from the MUSLIMOMMUNITY.
- The Bench Clarified Its Directions were prima factor and interim in nature, and would not prevent the petitioners or the government from advancing full arguments on the
constitutional validity of the law during the final hearing. - On registration of waqf, it said if Mutawallis (Caretaker of Waqf) Have Chow Cho Chlen Not to get it registered for 30 long years, again Accompanied by a copy of the waqf deed was arbitrary
- The verdict underlineed courts’ Acceptance of the Legal Position of Presumption Always Being in Favor of Constitutionality of an enactment and the burden being done on the person who “Atalks it” to show a Clear Transgression of the Constitutional Principles.
- The legislative intent was to prevent misuse of waqf provisions and Safeguard Public Property, It Said.
- Referring to the precedents, the court said, “Courts should be very health in granting interim reliable by way of keeping the provisions of an enactment. Exceptional cases. “
- “Since the menace of Mismanagement of the wakf properties was noticed by legislature, an enactment was found to be Necessary as early as in the year in the year 1923,” It added.
