The Supreme Court on Thursday stayed an order issued by the Madras High Court that restrained the Tamil Nadu Waqf Board from functioning for failing to nominate two non-Muslim members, The Hindu reported.
In an order passed on January 8, the High Court held that the statutory requirement of nominating a Bar Council member and a person with professional experience had not been followed, Live Law reported.
A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.
The 2025 Waqf Amendment Act amended Section 14 of the 1995 Unified Waqf Management, Empowerment, Efficiency and Development Act. This mandated that two of the total members of waqf boards be non-Muslims. It also mandated the nomination of a Bar Council member.
On Thursday, a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing a petition filed by the Tamil Nadu Waqf Board, Bar and Bench reported.
“Of course, the High Court is wrong,” Bar and Bench quoted the chief justice as saying. “Madras High Court order rendering the board defunct is stayed. Doctrine of necessity has to function.”
The doctrine of necessity is a legal principle that justifies certain actions under extraordinary...
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