"Supreme Court reaffirmed its resolve to protect rights of minorities": Kharge on Waqf Amendment Act

New Delhi [India], September 15 (ANI): Congress President Mallikarjun Kharge on Monday lauded the Supreme Court interim order to put a stay on certain provisions of the Waqf Amendment Act and said that the Apex Court reaffirmed its resolve to protect the rights of minorities.

In a post on X, Mallikarjun Kharge shared, The Honble Supreme Court, in its interim order today, reaffirmed its resolve to protect the rights of minorities -- a cause for which the Opposition stood united against the Modi Govt. The BJP had sought to bulldoze a divisive law, designed solely to inflame communal passions and reopen issues that India had long settled.

He further alleged that the BJP was thriving on dividing society for narrow electoral gains.

The Congress Party stands firm in defending the rights of every citizen, without fear or favour, as guaranteed by our Constitution. The BJP, in contrast, thrives on dividing society for narrow electoral gains, he further shared.

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. (ANI)

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