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Brinks Report > Blog > Politics > Supreme Court Dodges Waqf Act Verdict – Who’s Really in Control?
Politics

Supreme Court Dodges Waqf Act Verdict – Who’s Really in Control?

Dolon Mondal
Last updated: May 5, 2025 6:13 pm
Dolon Mondal
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The Waqf Act, a law governing Islamic charitable properties, is back in the spotlight as India’s Supreme Court delays its verdict yet again.

Chief Justice Khanna has pushed the hearing to May 15th, but with a twist—his successor will now decide the case. This move signals the high-stakes battle over a law critics call “unconstitutional” while supporters argue it safeguards minority rights.

Trulli

What’s the Waqf Act—and Why Is It Controversial?

The Waqf Act allows state-appointed Waqf Boards to manage Muslim religious properties—mosques, graveyards, and charitable trusts. But here’s the catch: these boards can claim any property as “Waqf land”, even if privately owned.

  • Critics say the law is biased, letting Waqf Boards seize land without strong proof.
  • Supporters argue it prevents encroachment and ensures Islamic charities function smoothly.

In a country where property disputes already clog courts, the Waqf Act adds fuel to the fire.

Also Read ‘We Won’t Allow It’: Mamata Blocks Waqf Act as Protests Turn Violent in Bengal

Why the Supreme Court’s Delay Matters

The CJI’s decision to pass the case to his successor hints at two things:

  1. The legal complexity—Does the Act violate India’s constitutional right to equality?
  2. Political sensitivity—With elections looming, the court may be treading carefully.

What’s at stake?

  • If upheld, Waqf Boards keep sweeping powers over disputed lands.
  • If struck down, it could be a win for property owners—but a blow to Muslim institutions.

What Happens Next?

The new CJI must answer:

  • Does the Act unfairly favor one community?
  • Are there enough checks on Waqf Boards?
  • Can India protect minority rights without violating property laws?

Final Thought:
India doesn’t need more division—it needs clear, just laws. The Supreme Court’s verdict will show whether India’s judiciary prioritizes fairness over politics.

Also Read Centre Defends New Waqf Law in Supreme Court, Opposes Stay

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TAGGED:Indiajudicial delayModi governmentproperty rightsreligious freedomSupreme CourtWaqf Act
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