The Supreme Court has set aside a Kerala High Court order that required the Kerala Waqf Board to function under the supervision of the state government's Joint Secretary or Additional Secretary, delivering major relief to the board over how it runs its own affairs.
What the Kerala High Court had ruled
The dispute traces back to a Kerala High Court order that stopped the Kerala Waqf Board from taking any major policy decisions unless two non-Muslim members were present on the board. The board challenged this restriction before the Supreme Court, arguing that it was hampering its routine functioning.
What the Supreme Court ruled
A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi heard the Kerala Waqf Board's plea on Tuesday. The bench quashed the Kerala High Court's order and directed the High Court to hear the matter afresh and decide it quickly. The Supreme Court did not rule on the merits of the underlying dispute itself, instead sending it back to the Kerala High Court for an early, final decision.
Why the case matters
The requirement for non-Muslim members on state Waqf boards has been one of the most contested provisions to emerge from the Waqf Amendment Act, a law that faced sharp opposition in Parliament, including from senior advocate Kapil Sibal in the Rajya Sabha, and has since been challenged before courts including the Supreme Court. The Kerala case adds to this wider legal tussle over how much control state governments and non-Muslim board members can exercise over Waqf board decisions, which is why the outcome is being watched closely for its bearing on Waqf boards' administrative autonomy.
What happens next
With the Supreme Court's order, the matter now returns to the Kerala High Court, which has been asked to dispose of the case on priority. Until the High Court delivers its fresh ruling, the exact extent of the Kerala Waqf Board's decision-making powers on major policy matters remains an open question.
