Key provisions in the Waqf (Amendment) Act, which sparked nationwide protests, have been paused as the Supreme Court flagged that some of them will lead to “arbitrary” exercise of power. The bench of Chief Justice of India BR Gavai and Justice AG Masih said it found no case was made out to stay the whole statute, but “some sections need some protection”. These provisions have been paused till the petitions challenging the constitutionality of the Act are decided.
Flagging the sweeping powers granted to a district Collector in the new law, the court said, “The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers. Till adjudication happens by the tribunal, no third-party rights can be created against any party. The provision dealing with such powers to the Collector shall remain stayed.”
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