Supreme Court Declines to Stay Controversial Waqf Amendment Act
The Supreme Court has refused to grant a complete stay on the Waqf (Amendment) Act, 2025, which has faced multiple legal challenges. A bench headed by the Chief Justice observed that laws passed by the legislature carry a presumption of constitutionality, and a stay can only be granted in the 'rarest of rare cases.' The court did, however, stay specific provisions, including one limiting the number of non-Muslim members on waqf boards, allowing the broader law to remain in effect.
Unpacked:
The Supreme Court stayed provisions such as the one limiting the number of non-Muslim members on waqf boards, allowing greater inclusivity. Other stayed sections may relate to representation or property claims, but the core law remains in effect.
The Act aims to improve transparency and efficiency in waqf property management, separate trusts from waqf, protect women's rights in family waqf, reduce mandatory contributions, and strengthen governance through technology and audits.
Legal challenges stem from concerns about inclusivity, property rights, increased government involvement, and the treatment of non-Muslim representation and property claims, with critics arguing some amendments may undermine minority rights or due process.
Presuming constitutionality means courts assume a law is valid unless it clearly violates constitutional rights. Stays are only granted in exceptional cases, ensuring legislative intent is respected unless there’s compelling evidence of harm or violation.