- SC maintains the law for inclusion of non-Muslims into WAQF boards.
- Top Court limits non-Muslim members to four in federal board.
- Suspend the provision that authorizes the government to decide the fate of properties.
The Supreme Court of India has suspended certain provisions of the Disputed WAQF (amendment) 2025, which steered how properties donated by Muslims were owned and administered in the country.
After hearing several pleas lodged by Muslim groups and opposition parties claiming the law violated the rights of Muslims, Chief Justice of India BR Gavai and Justice AG Masih suspended a provision authorized the government to decide whether any disputed property was Waqf or not, BBC reported.
However, the court refused to knock down the entire law that the appellants had sought, saying that the stay was only awarded in “rarest of rare category.”
Country and properties that fall under “WAQF” Category that means “to stay” in Arabic, and is equipped by a Muslim for religious, educational or charitable purposes. Such land cannot be transferred or sold.
Government and Muslim organizations estimate that over 25 years Waqf Boards have nearly 85,1535 properties and 900,000 hectares of land, which puts them among the top three landowners in India.
Such properties in India were governed by the WAQF ACT, 1995, which provided WAQF boards at the state level.
In April, the ruling Bharatiya Janata Party (BJP) submitted the WAQF Law proposal (amendment), which proposes the inclusion of non-Muslim members in the central WAQF council and WAQF board and will enable the government to determine ownership of disputed WAQF properties.
Although many such properties donated through oral declarations or by following the social traditions were legitimized because of their continuous use of Muslims, the new law made by Prime Minister Narendra Modi’s government requires that they are in accordance with valid credentials to demand a property such as WAQF and in the event of a dispute to decide the government.
This provision has now been beaten by the Indian SC over the question of separation of power – between the executive and the judiciary – if the government should decide the rights of citizens instead of the latter.
Furthermore, the country’s pointed court also suspended another clause that required a WAQF donor to be a practicing Muslim for at least five years.
Nevertheless, the judges have refused to provide a residence against a provision that allows nomination of non-Muslims to the WAQF board, and instead limited the number of non-Muslim members to a maximum of four in the 22-members federal WAQF board and to three in 11 members government board.
“Efforts should be made to appoint the CEO of the Board of Directors among the Muslim community,” it said.
– With additional input from Reuters
