Waqf Amendment Bill: Supreme Court Interim Order, know what happened so far in this case

The Supreme Court has given its interim order on the Wakf Amendment Bill. The Supreme Court has banned a provision of the Wakf Act. To create a Wakf, it is necessary to be a Muslim for five years. The court has banned this provision.

The Supreme Court has given an interim order on the Waqf Amendment Bill. The Supreme Court has stayed some provisions of the Waqf Act. Along with this, the court has said that there is no basis to stay the entire law. The Waqf Act states that to declare a Waqf property, it is necessary that the person has been practicing Islam for 5 years. The court has stayed this provision. Along with this, some other provisions have also been stayed.

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The Supreme Court has stayed the provision of the Waqf Amendment Act 2025, under which a person must be a follower of Islam to create a Waqf. This ban will continue until the state governments make rules to determine whether a person is a follower of Islam or not. 

Non-Muslims can also become Chief Executive Officers

It was said in the petition that according to the new law, non-Muslims can also become the Chief Executive Officer of the Waqf Board. This should be stopped. On this, the court directed that as far as possible, the Chief Executive Officer of the Waqf Board should be a Muslim. However, the court refused to ban this provision. In such a situation, non-Muslims can still become the Chief Executive Officer of the Waqf Board. However, this will happen only if there is no eligible Muslim claimant.

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Key points of the court’s decision

• Non-Muslims can also become the Chief Executive Officer of the Waqf Board, but this will happen only if there is no eligible Muslim claimant.
• The collector cannot settle the waqf land dispute. This right will be with the tribunal only.
• The number of non-Muslim members in the Wakf Board has been limited. The maximum number of non-Muslim members in the Central Wakf Board can be four. At the same time, the maximum number in the state Wakf Boards has been limited to three.
• Section 23: The ex-officio officer shall be from the Muslim community only.

What did the court say?

Delivering the judgment, the CJI said, “We have considered the prima facie challenge to each of the sections. We have found that there is no case for staying the entire provisions of the law. However, certain sections need to be given some protection. We have held that the presumption is always in favour of the constitutionality of the law and interference is made only in the rarest of rare cases. Only in the rarest of rare cases can a stay of the law be ordered.”

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