Welcome Supreme Court order on Waqf as win for constitutional values of justice, equality, fraternity: Congress

The Congress on Monday (September 15, 2025) welcomed the Supreme Court order placing on maintain a number of key provisions of the Waqf (Amendment) Act as a win for the constitutional values of justice, equality, and fraternity, and asserted that it goes a good distance in the direction of undoing the “mischievous intentions” underlying the unique statute.

Congress common secretary in-charge communications Jairam Ramesh mentioned the Supreme Court’s order on the Waqf (Amendment) Act 2025 represents a considerable victory not only for the events that opposed this arbitrary legislation in Parliament however all these members of the Joint Parliamentary Committee who submitted detailed dissent notes which have been then ignored however now stand vindicated.

“The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute,” Mr. Ramesh mentioned on X.

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Counsels for the opposition events had argued that the legislation would end result within the creation of a construction the place anybody and everybody might problem the standing of the property earlier than the Collector, and the standing of the property could be in limbo whereas in such litigation, he mentioned.

Additionally, solely a ‘Muslim’ practising for 5 years might donate to a Waqf, Mr. Ramesh mentioned.

“The intention behind these sections was always apparent — to keep the voter base inflamed and create an administrative structure to indulge those seeking to foment religious disputes,” he alleged.

“With this order, the Supreme Court has — stayed the powers of the Collector; protected existing Waqf properties from dubious challenges and; stayed the provision requiring proof of being a Muslim for five years until such times as rules are framed,” he mentioned.

“We welcome this order as a win for the constitutional values of justice, equality, and fraternity,” Mr. Ramesh added.

The Supreme Court placed on maintain a number of key provisions of the Waqf (Amendment) Act, 2025, together with the clause that solely these practising Islam for the final 5 years can dedicate a property as Waqf, however refused to remain your complete legislation.

“We have held that presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases,” a bench of Chief Justice B R Gavai and Justice Augustine George Masih mentioned in its interim order on the intensely debated situation.

The apex courtroom additionally pressed pause on the powers given to a collector to adjudicate the standing of Waqf properties and dominated on the contentious situation of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council shouldn’t have greater than 4 non-Muslim members out of 20, and State Waqf Boards no more than three of 11.

The CJI mentioned the bench has thought-about the “prima facie challenge” to every part within the new legislation and located that “no case was made out to stay entire provisions of the statute”.

“However some sections want some safety,” he mentioned.

The bench made clear that its instructions have been prima facie and interim in nature and they might not forestall the petitioners or the federal government from advancing full arguments on the constitutional validity of the legislation on the stage of ultimate listening to.

CJI Gavai then referred to the provisions which have been interfered with or stayed by the interim order.

“The requirement that an individual must be a practising Muslim for the final 5 years earlier than he can dedicate a property as Waqf (Section 3(r)) has been stayed till the state governments guidelines are framed for analyzing whether or not an individual is a practising Muslim or not. Without any such rule/ mechanism, the supply will result in an arbitrary train of energy,” the order mentioned.

One of essentially the most vital interventions got here in relation to Section 3C, which had vested powers in designated authorities officers to find out the standing of Waqf properties.

The Centre notified the Act on April 8 after it acquired President Droupadi Murmu’s assent on April 5.

The Lok Sabha and the Rajya Sabha handed the Waqf (Amendment) Bill, 2025 on April 3 and April 4 respectively.