New Delhi. The Supreme Court has refused to completely ban the Waqf Amendment Act 2025. A bench of CJI BR Gavai and Justice August George Christ in the Supreme Court said that the entire law can only be banned in the rarest of the rare case. However, the Supreme Court stayed the provision of the Waqf Act, which was a condition of being a 5 -year practice for the Waqf who was practicing Muslims. The Supreme Court said that this provision will be stayed until the rules are made whether a person considers Islam or not.
The Supreme Court, in addition, also stayed the provision of revenue records related to Section 3 (74) in the Waqf Amendment Act. The court said that the executive cannot determine the rights of any person. The country’s largest court, while giving a verdict on the Waqf Amendment Act, said that no one can be evicted from Waqf’s property until the final decision is taken on the revenue records. At the same time, the court also said that during this time no third party rights will be made. The Supreme Court said that three members in the Waqf Board would be non -Muslim. This decision of the Supreme Court has shocked those who challenged the Waqf Amendment Act.
In the petitions filed in the Supreme Court against the Waqf Amendment Act, the registration of the Waqf by user, the decision of the dispute between the Waqf Board and the government to the officer of the district administration, making non -Muslims members in the Waqf Board and the Waqf Council, Vagaira was challenged for 5 years for Waqf. Apart from this, the petitioners had expressed apprehension that the central government wanted to capture the assets of Waqf. Apart from this, Muslims were also accused of discrimination and interference in religious matters. The petitioners had also argued in the Supreme Court that the implementation of Waqf Amendment Act may cause problems in doing religious work in ancient monuments.
At the same time, in favor of Waqf Amendment Act 2025, the Central Government had said that after following the entire process, it has made it. The central government has said that it would not be right to stop the sections of the Waqf Amendment Act before the final hearing. At the same time, the Central Government said in the Supreme Court that those who have petitioned against the Waqf Amendment Act are not personally affected by it. Apart from this, the Center also argued that there is no representative of the entire Muslim society who filed the petition. The Center argued that the anomalies of the old Waqf law have been abolished in the new law. The Center also said in the Supreme Court that Waqf is not an essential part of Islam. Can not give it the status of fundamental rights. Also, the registration provision of Waqf by user was also in the law made in 1923. The Center argued that only Muslims could have done only the Muslims. Then in 2013, a provision was made to amend the property of non -Muslims. Because of which Waqf boards captured all the lands. This raised controversies. The Center has said that the new Waqf law also saves the land of tribals.
