AIMPLB resolves to continue movement for protection of waqf properties
New Delhi (PTI): The All India Muslim Personal Law Board on Friday expressed concern over the Supreme Court's "silence" on "validation" of certain contentious provisions of the new Waqf Act and resolved to continue its movement against the amendments until the government withdraws them.
The Working Committee of the All India Muslim Personal Law Board (AIMPLB) held an emergency online meeting under the chairmanship of Maulana Khalid Saifullah Rahmani to review the Supreme Court's interim order on the Waqf (Amendment) Act, 2025.
After deliberations, a resolution was adopted in which the Board thanked the opposition parties, MPs, civil society groups, human rights organisations, minority leaders and justice-loving citizens for their support in resisting the controversial Waqf law, a statement by the Muslim body said.
The Committee welcomed the court's decision to curb the excessive powers of Collectors, terming it a major relief.
However, it expressed concern over the court's silence or validation of other contentious provisions, including ending the waqf status of properties under the Archaeological Survey of India, mandatory registration of waqf properties, abolishing exemption from the Law of Limitation, inclusion of non-Muslims in Waqf bodies and restriction on tribal people dedicating land for waqf.
These, the Board said, are disappointing and based on the false presumption that waqf Mutawallies act arbitrarily.
The Board affirmed that its struggle is not limited to this interim verdict but is essentially against the government's policy of "targeting Muslim endowments".
The Board expressed hope that the final judgment will be "more just" and reiterated its resolve to continue the movement for the protection of waqf properties until the government withdraws the controversial amendments and restores the earlier Waqf Act.
The Supreme Court on Monday put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create a waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.
"Presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases," a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its 128-page interim order on the contentious issue.
The bench went on, "We do not find that any case is made to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected."
However, in order to "protect the interest of parties" and "balance the equities", the order stayed some provisions including the powers accorded to a Collector to adjudicate the status of waqf properties and ruled on the issue of non-Muslim participation in Waqf Boards.
The bench, therefore, directed the Central Waqf Council not to have more than four non-Muslim members in the total composition of 20, besides asking state waqf boards to have not more than three such members in the total of 11.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
