The concerns raised revolve around the manner in which the law was introduced and the implications it may have on the administration of Waqf properties.
Published Sep 27, 2025 | 2:57 PM ⚊ Updated Sep 27, 2025 | 2:57 PM
Waqf Board Representational Image
Synopsis: On 15 September, the Supreme Court issued an interim order in the matter. The court stayed the operation of certain provisions of the Waqf (Amendment) Act, while at the same time allowing the Act to remain in force overall until a final decision is reached.
On Saturday, 27 September, Tamil Nadu Minister for Minorities Welfare and Non-Resident Tamils Welfare, SM Nasar, has clarified that the State government will not proceed with the reconstitution of the Waqf Board until the Supreme Court delivers its final judgment.
His remarks come amid legal challenges to the Waqf (Amendment) Act, 2025, which has drawn criticism from various quarters.
The Minister explained that the Dravida Munnetra Kazhagam (DMK), along with several other petitioners, has approached the Supreme Court questioning the validity of the amended Act.
The concerns raised revolve around the manner in which the law was introduced and the implications it may have on the administration of Waqf properties.
On 15 September, the Supreme Court issued an interim order in the matter. The court stayed the operation of certain provisions of the Waqf (Amendment) Act, while at the same time allowing the Act to remain in force overall until a final decision is reached.
The Bench of Chief Justice BR Gavai and Justice Augustine George Masih stayed the stipulation that an individual should be a practitioner of Islam for at least five years. The court said the provision could lead to arbitrariness unless state governments framed rules to provide a mechanism.
The court also stayed the provisions empowering the government to recognise a Waqf land during the pendency of decision by the government officer on the dispute of encroachment. Allowing the Collector to decide the dispute was against the separation of powers, Live Law quoted from the stay order.
This partial relief has left several aspects of the legislation under judicial scrutiny.
Reassuring the public, Nasar stated that Tamil Nadu would not implement the reconstitution of the Waqf Board under the amended provisions until the case is settled.
He also criticised the Union government for what he described as the hasty passage of the Act, arguing that it lacked adequate deliberation.
The Minister maintained that the State would abide by the final ruling of the Supreme Court on the issue.
(Edited by Sumavarsha, with inputs from Veni EN)
