Supreme Court Halts Key Waqf Act Powers Amidst Constitutional Challenge

In a significant legal development, India's Supreme Court has chosen not to impose a blanket stay on the entirety of the contentious Waqf Act of 1995. However, in a crucial interim order, the apex court has temporarily put on hold several key provisions within Chapters 3, 4, 5, 7, and 8 of the Act, effectively pausing powers related to the survey and determination of Waqf properties until further directives are issued.

The bench, comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, issued notice on a batch of petitions that are vehemently challenging the constitutional validity of the Waqf Act.

These petitioners argue that the legislation is "arbitrary, unconstitutional, and discriminatory," alleging that it grants "unbridled power" to Waqf Boards, potentially allowing them to encroach upon properties that may not genuinely fall under Waqf designation.

Senior Advocate C.S. Vaidyanathan, representing some of the petitioners, underscored the profound implications of these provisions.

He highlighted concerns that the Act's expansive definitions and powers could lead to the arbitrary declaration of private properties as Waqf assets, thereby infringing upon fundamental property rights of individuals and other entities. The core of the challenge lies in the apprehension that the Act’s mechanism for identifying and registering Waqf properties is prone to misuse and lacks adequate safeguards for existing title holders.

The interim order specifically targets the operational aspects that empower Waqf Boards and Chief Executive Officers to conduct surveys and make unilateral determinations regarding the nature and extent of Waqf properties.

By staying these particular provisions, the Supreme Court has signaled its intent to thoroughly examine the claims of constitutional infirmity and potential overreach. This temporary pause ensures that no coercive action or definitive declaration regarding properties can be made under these specific challenged sections of the Act, pending a more comprehensive hearing and final judgment.

This decision, while not a full repudiation of the Act, represents a crucial step in the ongoing legal discourse surrounding the Waqf Act, which has been a subject of considerable debate and numerous legal challenges over the years.

It reflects the Court's acknowledgment of the serious concerns raised by petitioners regarding the fairness and legality of certain aspects of the legislation. The case will now proceed with detailed arguments, as the Court delves into the intricacies of the Act's provisions and their alignment with constitutional principles.