Congress Welcomes SC Stay On Key Waqf Law Provisions

The Congress party on Monday welcomed the Supreme Court's interim order staying several key provisions of the Waqf (Amendment) Act, 2025, describing it as a significant step toward safeguarding constitutional values and countering the "mischievous intentions" behind the legislation. The ruling, delivered by a bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih, paused clauses including the requirement for individuals to have practised Islam for five years before dedicating property as waqf and the empowerment of district collectors to adjudicate waqf property disputes. The court emphasised the presumption of constitutionality for statutes but intervened to prevent arbitrary exercises of power while refusing to halt the entire act or waqf registrations.

Congress President Mallikarjun Kharge termed the decision a reaffirmation of the judiciary's commitment to minority protections, accusing the BJP-led government of pushing a "divisive law" to stoke communal tensions for electoral advantage. In a post on X, Kharge stated, "The BJP had sought to bulldoze a divisive law, designed solely to inflame communal passions... The Congress party stands firm in defending the rights of every citizen, without fear or favour, as guaranteed by our Constitution." The Act, notified in April 2025 after parliamentary passage amid widespread protests, aimed to enhance waqf management efficiency but faced criticism for potentially undermining community autonomy and inviting frivolous claims on properties.

General Secretary Jairam Ramesh highlighted the order's role in validating opposition dissent during parliamentary debates, noting it stays collector powers, shields existing waqf assets from challenges, and suspends the five-year practice clause until rules are framed. "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," Ramesh said on X, framing the ruling as a win for justice, equality, and fraternity. The court also capped non-Muslim members on the Central Waqf Council at four out of 20 and on state boards at three out of 11, balancing inclusion with representation concerns.

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Joint Parliamentary Committee member Syed Naseer Hussain, a Congress general secretary, expressed gratitude for the bench's balance of reform and rights, reiterating his earlier warnings against provisions that erode waqf board independence and expose properties to "mischievous elements". He affirmed the party's ongoing commitment to secularism and constitutional fidelity, vowing to press arguments on remaining clauses in future hearings. Media head Pawan Khera criticised the government's pattern of enacting laws without consultation, forcing judicial intervention—a trend he linked to the past decade. The interim order protects waqf properties from third-party claims during disputes and directs, where possible, Muslim appointments to key board roles, underscoring judicial oversight in sensitive reforms.

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