Supreme Court On Waqf Act: Key Provisions Stayed

SC Stays Arbitrary Waqf Amendments, Upholds Act

Why in the News ?

The Supreme Court (SC) stayed key provisions of the Waqf (Amendment) Act, 2025, terming them prima facie arbitrary, while upholding the overall Act. The judgment mandates proper registration of Waqfs to prevent misuse and encroachments on government properties. This decision comes as part of broader procurement reforms aimed at improving governance and transparency in various sectors.

Key Aspects of SC Judgment:

• The Supreme Court (SC) stayed certain provisions of the Waqf (Amendment) Act, 2025, found to be prima facie arbitrary, without suspending the entire Act. This approach reflects a balance between institutional autonomy and necessary reforms.
• The provision requiring a person to prove 5 years of Islamic practice before creating a Waqf was suspended until a proper mechanism is devised. This suspension aims to reduce bureaucratic delays in Waqf creation.
• The SC found the automatic conversion of Waqf into government property based solely on a doubt as unconstitutional. This decision reinforces the importance of proper procurement procedures, similar to those used in the government e-marketplace.
• The Chain of Custody and judicial determination of ownership (title) must be preserved, preventing arbitrary dispossession by the executive. This aligns with general financial rules governing property transactions.
• The number of non-Muslim members on Central and State Waqf Boards was capped: max 4 in Central Council and max 3 in State Boards. This measure ensures diverse representation while maintaining the boards’ core identity.

Government’s Position and Court’s View

• The government argued the removal of ‘Waqf by user’ concept was necessary due to rampant encroachments on government properties. This issue parallels challenges faced in global tender enquiries for large-scale projects.
• SC noted that many Waqfs were never registered for 30 years, making it inappropriate to claim protection now. This situation highlights the need for innovation catalysts in property management systems.
• The Court emphasized that the deletion of clause (i) of Section 3(r) will take effect only prospectively, safeguarding existing registered Waqfs. This approach mirrors the phased implementation often seen in mission-oriented procurement strategies.
• The government revealed that from 2013 to 2024, Waqf lands increased by 116%, totaling over 20 lakh acres added in 11 years—far exceeding historical additions. This rapid growth underscores the need for catalytic procurement practices in land management.
• The SC observed that the amendments promote transparency and accountability and prevent misuse for land grabbing or evasion of statutory responsibility. These goals align with broader procurement reforms aimed at eliminating corruption and inefficiency.