3 months ago
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The Supreme Court connected Thursday (February 19, 2026) stayed an interim bid of the Madras High Court which recovered the functioning of the Tamil Nadu Waqf Board prima facie amerciable for not nominating 2 non-Muslims members.
The Waqf (Amendment) Act, 2025 had amended Section 14 of the Unified Waqf Management Empowerment, Efficiency and Development (UMEED) Act, 1995 to mandate that 2 of the full members successful Waqf Boards beryllium non-Muslim.
Appearing earlier a Bench headed by Chief Justice of India Surya Kant, elder advocator P. Wilson, for the Waqf Board, submitted that the January 8 interim bid of the High Court had “virtually paralysed” its functioning.
“Eight members person been appointed. Only 3 are remaining. But the High Court said the committee cannot function,” Mr. Wilson submitted.
The Chief Justice said the High Court was “of people wrong”.
“The Madras High Court bid rendering the Board defunct is stayed. Doctrine of necessity has to function,” the tribunal observed.
It asked Mr. Wilson to supply details of the remaining 3 members.
The Waqf Board submitted that the High Court bid proceeded connected the erroneous premise that the Board, arsenic presently constituted, was premier facie amerciable solely connected the crushed that 2 non-Muslim members were not yet nominated, contempt the beingness of statutory vacancies.
The Waqf Board said High Court had breached Section 22 of the UMEED Act which categorically declared that nary enactment oregon proceeding of the Board should beryllium invalid simply by crushed of immoderate vacancy oregon defect successful its constitution.
“In the teeth of Section 22 of the Act, the High Court could not person restrained the functioning of the Board connected the sole crushed of non-appointment-of definite members,” the petition said.
It said the High Court’s attack has rendered the legislative extortion nether Section 22 wholly nugatory and defeated the explicit intent of Parliament.
“The High Court has nullified a statutory Board by judicial order, without striking down the Government Order constituting the Board, without considering statutory redeeming clauses, and without appreciating that appointments to statutory bodies are often made successful a phased manner,” the Waqf Board submitted.
