20th September 2025 (16 Topics)
1
Sep
2
Sep
3
Sep
4
Sep
5
Sep
6
Sep
8
Sep
9
Sep
10
Sep
11
Sep
12
Sep
13
Sep
15
Sep
16
Sep
17
Sep
18
Sep
19
Sep
20
Sep
22
Sep
23
Sep
24
Sep
25
Sep
26
Sep
27
Sep
29
Sep
30
Sep
Waqf Law Interim Order
You must be logged in to get greater insights. click here to login
Context:
The Supreme Court issued an interim order on the Waqf (Amendment) Act, 2025, staying select provisions while rejecting pleas for relief on others.
Supreme Court Interim Ruling
- Partial Stay: The Court temporarily stayed Section 3(r) of the Act, which defines “practising Muslim” and gives authorities power to regulate religiosity.
- Challenge of Constitutionality: Most other provisions were upheld, as parliamentary provisions are generally the “rarest of rare” cases, not easily struck down.
- Limited Relief: Petitioners’ plea to exempt small Waqf boards or private management was rejected, maintaining state oversight.
Legal and Religious Implications
- Property Rights: The Act does not alter ownership; individuals can still create or donate Waqf, but trustees have control.
- Minority Concerns: Court’s ruling clarified that non-Muslims’ rights remain unaffected, but concerns remain about administrative overreach.
- Religious Autonomy: The interpretation of “practising Muslim” introduces morality-based policing, raising questions on secularism and religious freedom.
Wider Governance and Policy Effects
- State Oversight: Government maintains authority through registration and monitoring of Waqf properties.
- Judicial Precedents: Cites earlier rulings such as PedaVenkatanarayan&Arur Singh, emphasizing trustee rights and limits on state interference.
- Future Implications: The order signals careful balancing between reform, minority protection, and administrative efficiency, leaving full legal questions unresolved.
Practice Question
“Critically analyse the Supreme Court’s interim order on the Waqf (Amendment) Act, 2025, in the context of religious freedom, minority rights, and state regulation of charitable trusts in India.” (250 words)
More Articles
Courses
Study
Notes
Home
Resources
More