Overview

• A bench led by Chief Justice B.R. Gavai stayed provisions that let district collectors decide waqf status and direct removals from registers, calling such executive shifts prima facie arbitrary.
• The requirement that a donor must have been a practising Muslim for five years is suspended until state governments frame rules to determine the condition.
• The court reaffirmed that questions over property rights must be decided by judicial bodies rather than by executive authorities.
• The amendment abolishing the concept of “waqf by user” remains operative and was not stayed by the court.
• Congress MP Syed Naseer Hussain termed the order a major victory, while former JPC chair Jagdambika Pal said the government will review the clauses put on hold.