"We welcome whatever decision court makes": Tejashwi Yadav on SC's order on Waqf Amendment Act

Patna (Bihar) [India], September 15 (ANI): RJD leader and former Bihar Deputy Chief Minister Tejashwi Yadav on Monday said his party respects the Supreme Court decision on the Waqf Amendment Act, adding that the Rashtriya Janata Dal has also filed a petition in the matter.

Speaking to reporters in Patna, Yadav said, The party has also given a petition. We welcome whatever decision the court makes.

His remarks came shortly after the apex court, the Supreme Court, on Monday refused to stay the entire Waqf (Amendment) Act 2025, but put on hold certain provisions pending the final adjudication of petitions challenging the constitutional validity of the Act.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection.

Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf. It said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam.

The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power.

The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property. It said the Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers.

The top court held that till adjudication happens by the Tribunal, no third-party rights can be created against any parties, and the provision dealing with such powers to the Collector shall remain stayed.

The apex court also said that the provision that not more than three non-Muslim members should be included in the state Waqf Board, and that, in total, not more than four non-Muslims shall be included in the Central Waqf Councils for now.

The court also noted that, as far as possible, the CEO of the Board should be a muslim. It, however, did not interfere with the provision mandating registration, considering that it is not a new requirement, as this condition was there in the previous enactments of 1995 and 2013 as well.

The top court passed the interim order on several petitions challenging the Constitutional validity of the Waqf Act.

During the hearing, the Centre had argued in favour of the provision barring non-Muslims from creating Waqfs. It had said that only in the 2013 amendment, non-Muslims were given such rights but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors. It had also defended the five-year practice condition to be eligible for the creation of Waqf.

A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards Muslim community and violates their fundamental rights. (ANI)

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