The Supreme Court on Monday declined to stay the entire Waqf Act, observing that laws carry a “presumption of constitutionality,” but suspended the implementation of some contentious provisions.
A bench headed by Chief Justice B. R. Gavai and Justice Augustine George Masih ruled that while a prima facie challenge to the law was raised, no grounds existed to halt the statute in its entirety. However, the court stayed the clause requiring individuals to have practised Islam for the last five years to be eligible to create a waqf.
The bench also stalled the provision empowering a government-designated officer to resolve disputes over whether waqf property encroaches on government land. “We have held presumption is always on constitutionality of statute and in the rarest cases it can be set aside,” the CJI said, noting that challenges primarily concerned sections 3(r), 3C, and 14 of the Act.
While refusing to stay the amendment permitting the appointment of a non-Muslim as Waqf Board CEO, the court directed that preference should be given to Muslims for the post “as far as possible.” It also ruled that the number of non-Muslims in state waqf boards and the central waqf council cannot exceed three members.
The Supreme Court had earlier, on May 22, reserved its order on three crucial issues, including the power to denotify properties declared as waqf by courts, by deed, or by usage. The detailed judgment is awaited.
