After the Supreme Court banned some provisions of the Waqf Amendment Act, Congress MP KC Venugopal on Monday criticized the NDA government and said that it is a proof of the attitude that this law is completely unconstitutional and has been designed to target a particular community.
In a post on X, KC Venugopal welcomed the order, saying that this is another tough slap on the face of the government. “We welcome the intervention of the Hon’ble Supreme Court on the Extremely Dived Waqf Amendment Act.” It said, “It confirms our attitude that this law is completely unconstitutional and has been designed to target a particular community.”
He further said that during the discussion in Parliament, many opposition MPs had made some demands. He said, “During the discussion in Parliament, many opposition MPs including me demanded the removal of the section, under which a person is mandatory to be Muslim for at least five years to make Waqf. Also, demanded the removal of the provision that the district collectors also give the power to remove the dispute, along with the demand to remove the dispute. Which allows non-Muslims to be part of Waqf Councils. “
He added, “The court has stayed two of these provisions and has also reduced the number of non-Muslims in the Waqf Councils. Also, the Chief Executive Officer of Waqf Boards should be from the Muslim community. This decision is another criminal slap on the government whose full attention is on destroying the constitution. If they had paid attention to the advice of the Parliament, then they should take care of the opposition. This law should be canceled immediately. “
The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act 2025, but stopped some of its provisions till the final decision was taken on the petitions challenging the constitutional validity of the Act. Chief Justice of India BR. A bench of Gawai and Justice Augustine George Christ said that some sections of the amended Act require protection.
Passing the interim order, the bench stopped the provision of the Act according to which a person should be a follower of Islam for five years to make a Waqf. The Pitth said that this provision will be postponed until it becomes a rule to determine whether a person is a follower of Islam or not. The bench said that without any such rules or system, this provision will promote arbitrary use of power.
The Supreme Court also stayed the provision that allowed the collector to decide whether the Waqf property has encroached on government property. It was said that the collector could not be allowed to take decisions on the personal rights of the citizens and would violate the separation of the powers.
The apex court said that until the decision is made by the tribunal, no third party rights can be created against any party and the collector will be banned on the provision related to such powers. The court also said that as far as possible, the CEO of the board should be a Muslim.
The Supreme Court also said that more than three non-Muslim members would not be included in the State Waqf Board, and the Central Waqf Councils will not be included in total more than four non-Muslim members in total. The court also said that as far as possible, the CEO of the board should be a Muslim. However, the court did not interfere with the provision that makes the registration compulsory, as it is not a new requirement, as the condition was also in the previous Acts of 1995 and 2013.
