1 month ago
Kerala HC Allows Waqf Board Reconstitution with Non-Muslim Members
The Kerala High Court said the state government can make changes to the Waqf Board and add non-Muslim members temporarily.
The court noted that the Board needs to follow the rules in the Waqf Act.
The government is working on making these changes, but it's taking some time.
The court also said the Board can still make some decisions but not big ones without permission.
The Supreme Court had earlier removed a rule that the Board had to be supervised by the government but kept the rule about not making big decisions without court permission.
The Kerala High Court allowed the state to reconstitute the Waqf Board and appoint non-Muslim members temporarily.
The court noted that the Board can continue with quasi-judicial functions but cannot make major policy decisions or incur capital expenditure without permission.
The Supreme Court had earlier removed the direction for government supervision but kept the restriction on major decisions.
The state government is in the process of reconstituting the Board but faces practical difficulties due to limited vacancies.
The court questioned the delay in appointing non-Muslim, Shia, and Bohra community members as mandated by the Waqf Act.
- Who
- Kerala High Court, State Government, Petitioners
- What
- Reconstitution of the Kerala State Waqf Board with non-Muslim members
- Where
- Kerala High Court
- When
- Wednesday
- Why
- To comply with the Waqf Act and ensure the Board can function
State Government
Petitioners
Reconstitution of Waqf Board
State Government
The state government is in the process of reconstituting the Waqf Board and is willing to appoint non-Muslim members on an interim basis.
Petitioners
The petitioners challenged the constitution of the Waqf Board over the non-inclusion of non-Muslim persons.
Key facts
- Court
- Kerala High Court
- Date
- Wednesday
- Bench
- Chief Justice Soumen Sen and Justice Syam Kumar V. M.
- Non-Muslim Members
- Two
- Waqf Act Section
- Section 14
Quotes
Advocate General Jaju Babu
Advocate General for the state government
“"The Government was prepared to comply with Section 14 of the Waqf Act but faced practical difficulties because only two vacancies presently exist on the Board."”
thestatesman.com
“"For the time, you have to nominate two non‑Muslims. The Board has to function."”
thestatesman.com
Sources
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