WHILE THE Opposition said the Supreme Court’s interim order Monday on the Waqf (Amendment) Act 2025 put a “hold” on the “conspiracy and the intention of the government”, the BJP said it was a “positive development” that the legislation was going through “scrutiny”.
In an official statement, Congress MP and communication in-charge Jairam Ramesh said the order “represents a substantial victory” for Opposition parties and “all those members of the Joint Parliamentary Committee who submitted detailed dissent notes”.
“The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute,” said Ramesh.
Ramesh said the counsels for the Opposition parties — who were petetioners in the case — had argued that the law “would result in the creation of a structure where anyone and everyone could challenge the status of the property before the Collector”. The “status of the property would be in limbo while in such litigation. Additionally, only a ‘Muslim’ practising for 5 years could donate to a Waqf,” said Ramesh.
He said 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”.
“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 5 years until such times as rules are framed,” said Ramesh.
Congress MP Imran Pratapgarhi, who is also a petitioner against the Act in the Supreme Court, thanked the apex court for Monday’s order.
“We thank the Supreme Court. It is a big relief. I can tell the whole country that the Supreme Court has put a hold on the conspiracy and the intention of the government. We will read the full order… For now, through the information we have, we congratulate everyone. Many of the observations of the court have given us great relief. Several of the points (in order) are a relief,” Pratapgarhi said.
TMC MP Sagarika Ghose said that two of the most “contentious clauses” of the Waqf Amendment Act were stayed by the Supreme Court and that it was “an important message to the rickety Modi coalition”. “Hastily passed legislation which interferes in the freedom of religion needs a rethink,” she said.
Union Minister for Minority Affairs Kiren Rijiju said “no one can challenge the authority of the Parliament in courts” and that Monday’s order was a “stamp” on this.
“I welcome the order passed today. From the government side, the Solicitor General kept the points in the court regarding the clauses in the Act and the intentions of the government. I believe that what has been decided by the Bench of the Supreme Court is a very good sign for democracy in the country,” said Rijiju.
“The discussions were so detailed in both Houses when it happened. It was the longest in the history of Indian Parliament. After such detailed discussions, it can’t be scrapped and that is what the Supreme Court has put its stamp on,” said the minister.
He added that the provisions in the Waqf Amendment Act will benefit the Muslim community. “And the misuse of properties through Waqf will also stop. And whatever benefits are there from Waqf properties, it will reach Muslim women, children, orphans and poor Muslims who are backward. I am satisfied with the court order because it has kept intact the decision of Parliament of India. One aspect of practising Muslims bit. We will see it through rules and what has to be done. But overall, the judgment’s spirit is very good for the country and Parliamentary democracy is a great sign. Some people challenge things in the Supreme Court for no reason. No one can challenge the authority of Parliament,” said the Union minister, who had introduced the Act in Parliament last year.
BJP leader and former Union Minister for Minority Affairs Mukhtar Abbas Naqvi told The Indian Express that it is a positive thing that the Act has gone through so much “scrutiny” – first through the Joint Committee of Parliament, then both Houses of Parliament, and the Supreme Court.
“Through this scrutiny, the best of the Act is emerging. And no one should celebrate early. The hearing in the top court is ensuring the guarantee of administrative reforms and religious freedom,” said Naqvi.
Hitting out at the Opposition parties, Naqvi said: “Unfortunately, the corrupt lobby wants a license to loot… That is why they are trying to create uproar, commotion and imaginary illusions. No kind of communal attack should be accepted on this. The court has the right to scrutinise any law of the parliament, and the government has presented its side.”
NDA ally Janata Dal (United) said it was a “setback” for the Opposition, while the LJP (RV) said there was “nothing new” in Monday’s order.
“An official comment on the order can only be made after reading the order in detail. But the fact that the apex court has refused to stay the Waqf Act in entirety is a major setback for the Opposition which has been spreading misinformation about it,” JD(U) spokesperson Rajiv Ranjan Prasad said.
“There is nothing new in the order. The Supreme Court has only confirmed its interim order in the matter. The case will henceforth be argued on merits,” LJP(RV) National Vice President AK Bajpai said.
Passing the interim order on Monday, a bench of Chief Justice B R Gavai and A G Masih said: “We have gone to legislative history right from the 1923 Act up till now and considered a prima facie challenge to each of the sections. After hearing parties, we have held that the case was not made out to stay the entire statute. However, certain sections which are challenged need some protection.”
The Supreme Court refused to stay the Act’s provision requiring registration of Waqf by user, but paused the clause that states a person must be a practitioner of Islam for five years to create a Waqf until state governments frame relevant rules.