Supreme Court on the Waqf (Amendment) Act, 2025
📌 Intro 🗓️ Sep 15, 2025 → SC interim order on Waqf (Amendment) Act, 2025 ⚖️ Refused to suspend Act, but stayed key provisions. ⚡ Tension: State regulation vs Minority rights (Art. 26 & 30).
🏛️ What is Waqf? 🕌 Charitable endowment under Islamic law. 📊 8+ lakh waqf properties in India. 📜 Governed by Waqf Act, 1995 → amended 2025.
📑 Key Features of Amendment ⏳ 5-year practice rule for creating waqf. 👨⚖️ Collector’s powers in ownership disputes. 🤝 Non-Muslim representation on Waqf Boards. 💻 Digital registration mandatory. ❌ End of “waqf by user.” 📕 Limitation Act applies.
⚔️ Grounds of Challenge 🚫 Violates Art. 26 & 30. ❌ 5-year rule arbitrary. ⚖️ Executive > Judiciary in property disputes. 🧑🤝🧑 Non-Muslim representation = dilution of autonomy.
⚖️ SC Decision ⛔ Stayed: 1️⃣ Collector’s powers. 2️⃣ Automatic divestment. 3️⃣ 5-year practice rule. 4️⃣ Non-Muslim representation cap.
✅ Allowed: 🔒 End of waqf by user. 💻 Digital registration. 📕 Limitation Act application.
🌍 Implications ⚖️ Judicial oversight restored. 🕌 Autonomy vs State oversight unresolved. 👥 Minority rights partly protected. 🔍 Transparency upheld, intrusion curbed. 📌 Final verdict → may reshape waqf & minority institutions law.
✅ Conclusion Balanced order: ✔️ reforms for transparency, ❌ curbs on autonomy stayed. Next → Final judgment will decide scope of religious freedom & State control.
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