Supreme Court Stays ‘Arbitrary’ Waqf Changes, Upholds Core Act

GS 2 – Polity

Context

The Supreme Court of India has stayed certain provisions of the Waqf (Amendment) Act, 2025, terming them prima facie arbitrary, while upholding the core framework of the law. The Court aimed to strike a balance between protecting public interest and minority rights while ensuring due process in property-related matters.

Background

• Waqf:
  A Waqf is a permanent dedication of property for religious or charitable purposes under Islamic law.
• Amendment Act, 2025:
  Introduced new procedures for registration, governance, and classification of Waqf properties.
• Petitioners challenged certain provisions, citing risks of arbitrary state control and denial of due process to stakeholders.

Key Supreme Court Observations

Provisions Stayed

1. Section 3C – ‘Totally Unconstitutional’
   • Allowed government officials to unilaterally alter records, changing the status of Waqf property to government property before completion of inquiry.
   • SC ruled this violates:
     • Separation of powers principle.
     • Right to a fair inquiry before property reclassification.
2. Protected Monument Clause
   • The argument that Waqf property loses its status if declared a protected monument was termed a fallacy.
   • SC stated that mere notification cannot nullify Waqf rights without due adjudication.
3. Mandatory Registration Requirement
   • Rejected retrospective enforcement of mandatory registration for properties already recognized as Waqf.
   • However, upheld the requirement for future registrations.

Provisions Upheld

• Five-Year Rule:
  • Person creating a Waqf must prove they have practiced Islam for at least five years.
  • Purpose: Prevent misuse of Waqf as a device to evade creditors or legal obligations.
• Representation of Non-Muslims:
  • Central Waqf Council:
    • Maximum 4 non-Muslims out of 22 members.
  • State Waqf Boards:
    • Maximum 3 non-Muslims out of total members.

Court’s Directions

• No Third-Party Rights:
  • Mutawallis (managers) cannot create new third-party rights over disputed Waqf lands until tribunal decides on ownership.
• Title Determination:
  • Only judiciary can decide property ownership; executive cannot unilaterally change records.
• Waqf Tribunal Proceedings:
  • Section 3C provisions remain stayed until decisions are made by competent Waqf tribunals and High Courts.

Significance of the Judgment

• Checks Executive Overreach:
  Ensures that government cannot seize Waqf land without judicial review.
• Strengthens Rule of Law:
  Upholds due process and protects minority institutions.
• Balance Between Interests:
  • Protects public property and state revenue.
  • Safeguards Waqf assets from arbitrary encroachment or mismanagement.