Key Provisions of Waqf Amendment Act Stayed by Supreme Court 10 Important Facts

Waqf Amendment Act: The Supreme Magistrate today gave a big visualization regarding the Waqf (Amendment) Act. The noon magistrate has stayed some provisions of the Waqf Amendment Act. The Supreme Magistrate has said that some of these provisions will promote 'arbitrary' use of power. A seat of CJI BR Gavai and Justice AG Masih said that there is no understructure to stay the unshortened law, but 'some sections need protection.

Expressing snooping over the wholesale powers given to the District Collector in the new law, the magistrate said that the Collector cannot be unliable to judge the personal rights of citizens. Also, it would violate the separation of powers. The noon magistrate said that until a visualization is taken by the tribunal, no third party right can be created versus any party. The Collector will remain vetoed from the provision related to such powers.

10 Important things well-nigh the Supreme Court's decision

1. Ban on the provision of the Waqf Amendment Act 2025 which required a person to be a follower of Islam for at least 5 years to create a Waqf.
2. From the prelude of the investigation until the final visualization – and subject to remoter orders of the High Magistrate – no third party property rights will be created.
3. The State Wakf Board shall have not increasingly than 3 non-Muslim members out of the total 11 members. The Central Wakf Council shall have not increasingly than 4 non-Muslim members in total.
4. The noon magistrate said that the presumption of ramble validity of any law lies in its favour. Only in extremely rare cases can the unshortened law be stayed.
5. The Supreme Magistrate said that the Collector cannot decide the personal rights of citizens, this is the job of the tribunal.
6. The system of registration of Waqf property was older in gravity from 1995 to 2013 and has now been implemented again.
7. The magistrate said that the right of the designated officer to rencontre the revenue records and giving the collector the power to determine property rights was versus the separation of powers.
8. The Waqf will not be taken yonder from the property until the title is decided.
9. The Supreme Magistrate moreover suspended Section 23 of the Waqf Act which stated that the ex-officio officer must be from the Muslim community.
10. Therefore, the noon magistrate has stayed Section 3(r), Section 2(c), Section 3(c) and Section 23 of the Waqf Amendment Act, 2025.