The Congress on Monday hailed the Supreme Court’s interim order staying several contentious provisions of the Waqf (Amendment) Act, 2025, calling it a victory for constitutional values and a blow to what it described as the “mischievous intentions” behind the legislation.
Congress general secretary Jairam Ramesh said the ruling validated the objections raised by opposition parties in Parliament as well as dissent notes submitted in the Joint Parliamentary Committee. “The order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute,” Ramesh said in a post on X.
The Supreme Court, while declining to halt the entire law, stayed the provision that restricted dedication of property as Waqf only to those who had been practising Muslims for at least five years. A bench led by Chief Justice B.R. Gavai said such a requirement, without rules to examine adherence, risked arbitrary application.
The court also suspended powers granted to collectors to adjudicate the status of Waqf properties, which critics argued would have left properties vulnerable to dubious challenges. Additionally, the bench ruled that the Central Waqf Council should have no more than four non-Muslim members out of 20, and State Waqf Boards no more than three of 11.
“We welcome this order as a win for the constitutional values of justice, equality, and fraternity,” Ramesh said, alleging that the Act was designed to inflame voter sentiment and create an administrative structure to stoke religious disputes.
The apex court emphasized that its order was interim and prima facie, leaving both the government and petitioners free to argue the law’s constitutional validity at a final hearing. “Presumption is always in favor of constitutionality of a statute and intervention can be done only in the rarest of rare cases,” the bench said.
The Waqf (Amendment) Act, 2025, was passed by Parliament earlier this year and notified on April 8, following presidential assent on April 5. The law quickly became a flashpoint between the ruling BJP and opposition parties, with critics accusing the government of attempting to politicize religious endowments.
