The Supreme Court on Monday stayed select provisions of the Waqf Amendment Act 2025, observing that some clauses could lead to arbitrary powers and violate the principle of separation of powers. A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih clarified that the Act’s registration requirement will continue, but controversial provisions such as the “five-year practising Muslim condition” were put on hold until states frame proper rules.
Supreme Court Order on Waqf Amendment Act 2025 Sparks Debate
The bench stayed Section 3(1)(r), which required a person to be a practising Muslim for at least five years before creating a Waqf. The Court reasoned that, in the absence of rules, this provision could result in arbitrary application. It emphasized that laws impacting community rights must not be left open-ended, as they risk misuse and confusion.
Leaders Welcome Stay on Waqf Amendment Act 2025 Provisions
Congress leader Jairam Ramesh hailed the Supreme Court’s order as a “substantial victory” for constitutional values and those who had opposed the Act in Parliament. He noted that dissenting voices in the Joint Parliamentary Committee, previously ignored, now stand vindicated. All India Muslim Personal Law Board member Maulana Khalid Rashid Farangi also welcomed the order, expressing hope for “complete relief” when the Court delivers its final judgment.
Court Highlights Risk of Arbitrary Powers in Waqf Law
The bench observed that allowing government officers to decide key provisions under Section 3C without clear guidelines would undermine the principle of justice. The interim stay reflects the Court’s intent to ensure that legal frameworks remain free from arbitrary discretion while safeguarding citizens’ rights.
Final Decision on Waqf Amendment Act 2025 Awaited
While the interim order offers relief to those opposing the Act, the Supreme Court has reserved its final decision. Legal experts believe the case will have long-term implications for balancing religious rights with constitutional principles. Until then, the partial stay will continue to shape discussions around governance, lawmaking, and community trust.
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