In a significant development for minority rights, Tamil Nadu Chief Minister and DMK president M.K. Stalin, on Monday, expressed his strong approval of the Supreme Court’s partial stay on several critical clauses within the Waqf (Amendment) Act 2025. This Act, enacted by the BJP-led Union government, has been a point of contention for many, and Mr. Stalin characterized the apex court’s order as a crucial stride towards rectifying what he terms ‘unconstitutional and illegal amendments’.
Recalling the DMK’s consistent and vocal opposition, Mr. Stalin highlighted the party’s efforts since the Bill’s introduction in Parliament. He noted that the DMK, alongside other concerned parties, had challenged the Act in the Supreme Court. Furthermore, the Tamil Nadu government itself passed an Assembly resolution, forcefully urging the Union government to withdraw the #WaqfAmendment Bill, directly confronting what Mr. Stalin perceived as an attempt to misuse governmental authority.
Mr. Stalin firmly believes that the Supreme Court’s intervention reinforces the public’s confidence in its role to protect the religious freedoms of the Muslim minority community and uphold the fundamental tenets of the Constitution.
Elaborating on the specific provisions impacted by the partial stay, he pointed out that the Court has halted the mandatory five-year practice requirement before a property could be designated as a Waqf. Also stayed is the controversial power allowing the divestment of Waqf properties based solely on an allegation of them being government property, pending a report from a designated officer or a government decision.
Crucially, Mr. Stalin emphasized that the stay extends to provisions concerning the Collector’s authority to denotify ‘Waqf by user’ — properties recognized as Waqf after a prolonged period of religious use. Additionally, the Court’s order prevents the inclusion of more than four non-Muslim members in the Central Waqf Board and more than three in the State Waqf Boards. These specific rulings, he stated, are vital in ensuring that Muslim communities retain a majority representation within these essential boards.