The Supreme Court on Monday stayed key provisions of the Waqf Amendment Act, which was passed in the Parliament earlier this year.
A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih passed the interim order.
The Waqf Amendment Act deals with the decades-old Islamic property endowment system—also called waqf in Arabic—in which Muslims make a charitable or religious donation for the benefit of the community.
A vast number of these properties are used for mosques, madrassas, graveyards and orphanages. Such properties cannot be sold or used for any other purpose, which implies that waqf properties belong to God.
More than 100 petitions were filed in the top court hours after the Lok Sabha passed the bill in April. The petitioners called the legislation a “creeping acquisition” of Muslim properties.
The government had defended it as a necessary counter to “rampant encroachment” on public and private properties.
While pronouncing the judgment, the Bench refused to repeal the Waqf amendment law, saying that "some sections need protection".
Here are the sections that have been suspended for now.
Section 3 (1) (r) of the amended law required a person to be a practising Muslim for 5 years before they can declare a property as waqf.
The top court stayed this provision, saying that it will lead to an arbitrary exercise of power.
Another provision that has been suspended is Section 3. It stated that a designated officer, usually a Collector, must submit a report on whether the waqf declaration involved any property encroachment. Only then could the property be be treated as waqf.
The apex court held that the collector cannot be permitted to adjudicate the rights of personal citizens. The court also addressed the provision on the inclusion of non-Muslims in waqf bodies.
The Bench said that the Central Waqf Council shall not have more than 4 non-Muslims out of 22 members. And State waqf boards cannot have more than 3 non-Muslim members among the 11.
The top court further made it clear that ex officio officers in Waqf Boards must be from the Muslim community.
The court has also clarified that its observations are prima facie in nature and will not prevent parties from making further submissions on the validity of the Act.
