Supreme Court Temporarily Pauses Waqf Law Amendments

• The Supreme Court of India (SC) has halted provisions that gave district collectors broad powers over waqf properties and limited non-Muslims’ appointment to waqf boards.

• The order also halted the requirement that only those practicing Islam for at least five years can create waqfs.

• The interim order will continue until state governments establish rules on determining who is a practicing Muslim.

• The order aims to protect the interests of all parties and balance equities during the pendency of the matters.

• The court criticized the arbitrary power of district collectors and the lack of representation of non-Muslims in waqf boards.

• The court deemed a key provision that eliminates the concept of waqf-by-user, stating that land used for religious or charitable purposes for a long period is considered waqf even if it wasn’t registered as such.

• The court’s intervention is crucial as it usually reserves interim relief in exceptional cases, indicating the government’s need to pay attention to due processes, especially on complex matters pertaining to religious practices of minorities.

Waqf Property Dispute is important topic for Civil service exam (WBCS).

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