SC ruling on Waqf Act: Slap on arrogance of BJP-led Centre, says Cong's Naseem Khan
Mumbai (PTI): Maharashtra Congress leader Naseem Khan on Monday termed the Supreme Court's interim order staying several provisions of the Waqf Amendment Act 2025 as a "slap on the arrogance" of the BJP-led Union government.
The Supreme Court put on hold several key provisions, including the clause that only those practising Islam for the last five years can dedicate a property as waqf, but refused to stay the entire law.
The apex court also pressed pause on the powers given to a Collector to adjudicate the status of waqf properties and ruled on the contentious issue of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11.
The ruling party believed its brute majority allowed it to bulldoze the Parliament, Khan, a Congress Working Committee member and former Maharashtra minister, said in a statement.
"The Supreme Court's decision has once again exposed the Modi government. Today's order is a slap on their arrogance and a reminder that even the strongest majority cannot silence the Constitution," he said.
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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.
