The Congress on Monday lauded the Supreme Court order on the Waqf Act as a victory for the “constitutional values of justice, equality, and fraternity.”
Congress general secretary in-charge communications Jairam Ramesh said that the order was not just a win for the parties opposing it, but also for members of the Joint Parliamentary Committee (JPC) on the Waqf Act who had submitted dissent notes.
“The Supreme Court’s order today on the Waqf (Amendment) Act 2025 represents a substantial victory not just for the parties that opposed this arbitrary law in Parliament but all those members of the Joint Parliamentary Committee who submitted detailed dissent notes which were then ignored but now stand vindicated,” Ramesh said in a post on X.
While refusing to stay the Waqf (Amendment) Act 2025, the apex court did put a hold on some of its contentious provisions in its verdict on Monday.
Provisions including the ones empowering district collectors to decide whether a property claimed as waqf belongs to the government, and stipulating that only a lawful property owner who has been practising Islam for five years can create waqf through formal deed, were suspended.
Reacting to the verdict, Ramesh said that it “goes a long way towards undoing the mischievous intentions underlying the original statute."
{{/usCountry}}Reacting to the verdict, Ramesh said that it “goes a long way towards undoing the mischievous intentions underlying the original statute."
{{/usCountry}}Ramesh said that with the passing of the order, the Supreme Court had “stayed the powers of the Collector” and “protected existing Waqf properties from dubious challenges.” He added that the verdict had also stayed the provision which necessitated proof of being a Muslim for five years “until such times as rules are framed.”
The Congress leader alleged that the intention behind these sections was to “keep the voter base inflamed” and create an administrative structure which would “indulge those seeking to foment religious disputes.”
He said that the counsels appearing on behalf of the opposition parties had submitted before court that the law would lead to the creation of a “structure where anyone and everyone could challenge the status of the property before the Collector”, following which the status would be in limbo while the litigation continues. “Additionally, only a ‘Muslim’ practising for 5 years could donate to a Waqf,” Ramesh added.
In the order, Chief Justice of India Bhushan R Gavai clarified that the requirement of being a practising Muslim for five years will take effect only after state governments frame rules on how to determine a person's adherence to Islam. However, the SC bench held that the mandatory registration of waqf properties on a centralised portal could not be interfered with.