Supreme Court on the Waqf (Amendment) Act, 2025
π Intro ποΈ Sep 15, 2025 β SC interim order on Waqf (Amendment) Act, 2025 βοΈ Refused to suspend Act, but stayed key provisions. β‘ Tension: State regulation vs Minority rights (Art. 26 & 30).
ποΈ What is Waqf? π Charitable endowment under Islamic law. π 8+ lakh waqf properties in India. π Governed by Waqf Act, 1995 β amended 2025.
π Key Features of Amendment β³ 5-year practice rule for creating waqf. π¨ββοΈ Collectorβs powers in ownership disputes. π€ Non-Muslim representation on Waqf Boards. π» Digital registration mandatory. β End of βwaqf by user.β π Limitation Act applies.
βοΈ Grounds of Challenge π« Violates Art. 26 & 30. β 5-year rule arbitrary. βοΈ Executive > Judiciary in property disputes. π§βπ€βπ§ Non-Muslim representation = dilution of autonomy.
βοΈ SC Decision β Stayed: 1οΈβ£ Collectorβs powers. 2οΈβ£ Automatic divestment. 3οΈβ£ 5-year practice rule. 4οΈβ£ Non-Muslim representation cap.
β Allowed: π End of waqf by user. π» Digital registration. π Limitation Act application.
π Implications βοΈ Judicial oversight restored. π Autonomy vs State oversight unresolved. π₯ Minority rights partly protected. π Transparency upheld, intrusion curbed. π Final verdict β may reshape waqf & minority institutions law.
β Conclusion Balanced order: βοΈ reforms for transparency, β curbs on autonomy stayed. Next β Final judgment will decide scope of religious freedom & State control.
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