Supreme Court Upholds Restrictions on Kerala State Waqf Board

The Supreme Court of India modified an interim order from the Kerala High Court on July 21, 2026, regarding the functioning of the Kerala State Waqf Board. The apex court deleted a specific directive that would have placed the Board's operations under the supervision of a government Joint Secretary or Additional Secretary, ruling such oversight unnecessary given existing restrictions. However, the court refused to stay broader curbs that prohibit the Board from taking major policy decisions or incurring capital expenditure without court leave.

These restrictions follow a Public Interest Litigation led by Shaun George, the BJP State Vice-President, alleging the Board was illegally constituted. The challenge claims the Board violates the 2025 Waqf Amendment Act by failing to appoint two mandatory non-Muslim members and one Shia member. The Supreme Court directed the Kerala High Court to resolve the matter expeditiously after hearing all parties.

Shaun George described the outcome as a victory for constitutional governance, asserting that the ruling confirms statutory bodies cannot expect judicial protection while functioning in violation of parliamentary laws.