SC Rejects Stay on Waqf Property Registration

SC Refuses Stay on Waqf Properties’ Registration

Why in the News ?

The Supreme Court declined to stay the Union government’s notification (June 6, 2025) mandating the registration of all Waqf properties on the UMEED portal within six months. The Court said compliance must continue until its reserved judgment on the Waqf Amendment Act 2025.

SC Rejects Stay on Waqf Property Registration

About Supreme Court’s Stand on Waqf Property Registration:

  • On 23rd August 2025, a bench led by CJI Sanjiv Khanna and Justice J.B. Pardiwala refused to stay the June 6 notification.
  • The order requires Waqf custodians and organisations to register properties on the UMEED (Unified Waqf Management, Empowerment, Efficiency & Development) Portal.
  • The Court stated: “How can we pass an interim order when judgment has been reserved? You comply with whatever is required.”
  • Non-compliance may lead to properties being treated as “disputed” and referred to a tribunal.

Government’s Position and Court Observations:

  • The Centre argued that the digital portal will ensure transparency, centralised records, geotagging, and photographs of Waqf properties.
  • Solicitor General Tushar Mehta defended the law, saying the 2013 amendment allowing any person to dedicate Waqf was conceptually flawed.
  • Petitioners argued it unfairly punishes the community for administrative failures.
  • Court observed that registration has been part of Waqf regulation since earlier amendments, citing a 1976 report that highlighted its necessity.

Understanding Waqf and its Regulation in India:

●     Waqf Definition: Permanent dedication of property by a Muslim for religious, charitable, or pious purposes.

●     Legal Framework:

○      Mussalman Waqf Act, 1923: Required basic information disclosure.

○      Waqf Act, 1954: Made registration of Waqf properties mandatory.

○      Waqf Act, 1995 (major law in force): Strengthened regulation, created Waqf Boards.

○      2013 Amendment: Allowed any person to dedicate property as Waqf.

○      2025 Amendment (challenged): Mandates centralised digital registration via UMEED portal.

●     Administration:

○      Central Waqf Council (advisory body under Ministry of Minority Affairs).

○      State Waqf Boards regulate and maintain Waqf properties.