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Supreme Court Partially Stays Waqf Act Amendments, Keeps Law in Force

The order balances deference to Parliament with safeguards against executive overreach pending a full constitutional hearing.

Overview

  • Justices B. R. Gavai and A. G. Masih stayed the five-year practising-Muslim requirement for creating a waqf until states frame rules to verify such status.
  • Provisions giving district collectors power to decide waqf status and alter revenue records were halted, with the Court reaffirming that title disputes must be decided by tribunals and reviewing courts.
  • The bench directed that possession and records not be disturbed until final adjudication, and barred creation of third‑party rights during pending proceedings.
  • Non‑Muslim participation was limited to four members on the Central Waqf Council and three on State Waqf Boards, with a preference for Muslim CEOs while not striking down the provision allowing non‑Muslim appointments.
  • Mandatory registration and other core provisions remain operative, drawing contrasting reactions as BJP leaders back the reform goals and opposition parties and Muslim groups welcome targeted stays but press for wider relief, including on waqf‑by‑user.