India’s Supreme Court suspends some sections of the Waqf Amendmen

India's Supreme Court suspends some sections of the Waqf Amendment Act

After a debate in both houses of Parliament, the amended Waqf Property Management Act was passed and President Droupadi Murmu signed it on April 5 this year.

About a hundred cases were filed to suspend the act.

Of all the cases, only one case was filed in the bench of Chief Justice of India BR Gavai and Justice AG Masihar.

The bench has ordered a stay on the provision in the amended law that requires a person to practice Islam for at least five years to donate any property as a Waqf.

The judges said that clear instructions on this process can be given only when the state governments issue rules according to the amended law.

The Supreme Court has ordered that the Central Waqf Council can have a maximum of four non-Muslim members and the State Waqf Boards can have a maximum of three.

The Supreme Court, however, did not stay the provision in the amended law that allows a non-Muslim member to be appointed as the Chief Executive of the State Waqf Board.

However, the court also said that efforts should be made to appoint a Muslim as far as possible to this post.

Till now, the District Magistrate had the right to survey any land or property and say whether it is a Waqf or not. But according to the new order of the Supreme Court, that right will not be given to the District Magistrates for the time being.