Key provisions in the Waqf (Amendment) Act, which sparked nationwide protests, have been paused as the Supreme Court flagged that some of them will “arbitrary” exercise of power. The bench of Chief Justice of India BR Gavai and Justice AG Masih said it found no case was made out to stay the whole statute, but “some sections need some protection”.
Flagging the sweeping powers granted to a district Collector in the new law, the court said, “The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers. Till adjudication happens by the tribunal, no third party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed.”
The bench also said that not more than three non-Muslim members should be included in a Waqf board. The Act had put this number at four non-Muslim members.
Chief Justice Gavai said the clause in the law that said only a person practising Islam for at least five years may declare a waqf must also be paused. “Without any mechanism, it will lead to excercise of arbitrary power,” he noted.