The Supreme Court has temporarily paused several provisions of the Waqf (Amendment) Act following widespread protests and legal challenges. A bench led by Chief Justice of India BR Gavai and Justice AG Masih ruled that while the Act as a whole does not require a complete stay, certain sections must be suspended until the court rules on their constitutionality.
One of the court’s main concerns was the broad authority granted to District Collectors under the amended law. These powers, the bench said, could result in "arbitrary" decisions and violate the principle of separation of powers.
“The Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers,” the bench said. “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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