AIMPLB disappointed with SC interim ruling on Waqf row
New Delhi: The All India Muslim Personal Law Board (AIMPLB) has expressed disappointment over the Supreme Court’s interim judgement on the Waqf (Amendment) Act.
Board spokesperson SQR Ilyas said that while the Court has given some relief, it has not addressed all the constitutional issues raised. He said that the Muslim community and the AIMPLB had expected a stay on all clauses of the Act which, according to them, go against the basic provisions of the Constitution.
“The Court has stayed a few provisions, but many important clauses, which are arbitrary and affect the community’s understanding, have not been stopped at this stage. The final decision is still to come, but with the prejudiced approach of government authorities, the community fears that the provisions not stayed will be misused,” Ilyas said in a statement.
The Board acknowledged that the Court’s order has provided some important protection. The Supreme Court said that waqf properties cannot be taken away or altered in official records until the final decision. It also stopped the provision which required a government officer’s report to confirm waqf ownership, saying that executive authorities cannot decide property rights of citizens.
The Court further stayed Section 3C of the Act, making it clear that a government officer cannot alone decide who is eligible to create a waqf. It also said that a revenue officer cannot be given the power to decide property titles, as that goes against the principle of separation of powers.
On the composition of waqf boards, the Court directed that the Central Waqf Council cannot have more than four non-Muslim members out of 22, and state waqf boards cannot have more than three non-Muslim members out of 11.
Despite these directions, the AIMPLB said it is unhappy with the overall ruling. “The Board feels that the entire amendment is a deliberate move to weaken and seize waqf properties. It demands the complete repeal of the Waqf (Amendment) Act, 2025, and a return to the earlier Waqf Act. The refusal to stay the entire Act leaves many harmful provisions in force, such as ending recognition of ‘Waqf by user’ in future and making a written Waqf deed compulsory, which goes against Islamic law,” the statement said.
Ilyas also announced that the Board’s Save Waqf campaign will continue. Nationwide protests will be held, leading to a large rally at Delhi’s Ramlila Maidan on November 16.
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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.
