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Supreme Court of India has ruled that the Waqf Act, 1995 does not completely oust the jurisdiction of civil courts, nor does it give blanket or omnibus powers to Waqf Tribunals.

The ruling settles a long-standing confusion that often left litigants uncertain about the correct forum for resolving disputes involving Waqf properties.

Understanding the Issue

The Waqf Act, 1995 was enacted to regulate and manage Waqf properties across the country and to provide for the establishment of Waqf Tribunals for adjudication of certain disputes. Over the years, however, questions repeatedly arose before courts:

Do Waqf Tribunals have exclusive jurisdiction over all disputes related to Waqf property?

Are civil courts completely barred from entertaining such cases?

Conflicting interpretations led to prolonged litigation and procedural delays, with parties often shuttled between civil courts and tribunals.

What the Supreme Court Held

The Supreme Court has now decisively clarified that:

Civil courts are not completely excluded from adjudicating disputes merely because they relate to Waqf property.

The Waqf Tribunal’s jurisdiction is limited to matters specifically provided under the Waqf Act.

There is no omnibus or all-encompassing jurisdiction vested in Waqf Tribunals.

The Court reiterated a well-settled principle of law:
👉 Exclusion of civil court jurisdiction cannot be inferred lightly and must be explicitly stated by statute.

Limited Scope of Waqf Tribunals

According to the Court, Waqf Tribunals can decide only those disputes which the Act expressly assigns to them—such as questions relating to the nature of a property being Waqf or matters specifically mentioned under Sections 6, 7, or other relevant provisions.

If a dispute does not fall squarely within these statutory provisions, civil courts continue to have the authority to entertain and decide the matter.

In simple terms, the mere presence of a Waqf element does not automatically push a dispute into the Tribunal’s jurisdiction.

Why This Judgment Matters

This ruling is important for several reasons:

Restores Balance
It prevents Waqf Tribunals from being treated as courts of unlimited jurisdiction and restores the traditional role of civil courts.

Reduces Procedural Confusion
Litigants will no longer be forced to approach the wrong forum and face dismissal on technical grounds.

Protects Access to Justice
Civil courts, with their wider powers and established procedures, remain accessible where the law does not clearly bar them.

Prevents Overreach
The judgment ensures that statutory tribunals function strictly within the boundaries set by Parliament.

Reaffirmation of Constitutional Principles

The Supreme Court also reaffirmed a constitutional safeguard:
Civil courts are courts of plenary jurisdiction, and their powers can only be taken away by clear and unambiguous legislative intent.

Any attempt to infer an implied bar, the Court cautioned, would undermine the rule of law and deny parties their rightful legal remedies.

Conclusion

The Supreme Court’s ruling on the Waqf Act, 1995 is a welcome step toward legal certainty. By holding that civil courts retain jurisdiction unless expressly barred, the Court has struck a careful balance between specialized tribunals and the broader justice delivery system.

For litigants, lawyers, and institutions alike, this judgment serves as a clear reminder:
📌 Waqf Tribunals are specialized forums—not substitutes for civil courts.

As Waqf-related disputes continue to rise, this clarity will play a crucial role in ensuring faster, fairer, and more effective resolution of cases.