Supreme Court Upholds Curbs on Kerala Waqf Board, Removes Government Oversight

The Supreme Court on Tuesday declined to interfere with a Kerala High Court order that restricts the Kerala State Waqf Board from making major decisions or incurring capital expenditure. The High Court had issued the interim direction after finding that the Board's composition does not comply with the Waqf Amendment Act 2025, which requires the inclusion of two non-Muslim members and one Shia member.

A three-judge bench led by Chief Justice of India Surya Kant, also comprising Justices Joymalya Bagchi and V. Mohana, however, deleted a clause in the High Court order that had placed the Board under the supervision of a joint secretary or additional secretary of the state government.

The bench observed that since the High Court had already restrained the Board from undertaking capital expenditure or major decisions without the court's leave, the additional oversight by government officials was unnecessary. "In view of the opening line of para 6, whereunder the Board has been directed to not undertake any capital expenditure etc. without leave of the court, we are satisfied that there is no necessity for retention of the last line of para 6 of the order. Consequently, the direction that the Board shall function under supervision of joint secretary/additional secretary of the government is hereby deleted," the bench said in its order.

The case stems from a petition challenging the validity of the 2025 Waqf Amendment Act, which introduced changes to the composition and functioning of Waqf Boards across the country. The Kerala High Court, while hearing the matter, had passed an ad-interim order on September 12, 2024, barring the Board from taking policy decisions or making any new appointments or contracts without court approval. The High Court had also directed that the Board function under the supervision of a senior government officer, a clause that the Supreme Court has now removed.

The Supreme Court's decision means the Board remains restricted in its actions but is no longer directly under government oversight. The Court has not stayed the High Court's order but has modified it to remove the supervision clause, a move seen as balancing the need for compliance with the amended law while avoiding excessive executive control over religious endowments.

The matter will now proceed before the Kerala High Court for a full hearing on the validity of the Waqf Amendment Act and the constitution of the Board.