Today, On 22nd April, The Supreme Court stated that a Muslim member of a state Bar Council is not eligible to serve on the Waqf Board if they lose their Bar Council position. The Court highlighted that membership in the Bar Council is a key requirement for Waqf Board eligibility.
New Delhi: The Supreme Court ruled that a Muslim member of a state bar council is no longer he is no longer holding the position of the state Waqf Board if they are no longer in that bar council position.
A bench consisting of Justices M.M. Sundresh and Rajesh Bindal examined whether an individual who ceases to be a Muslim member of a bar council can retain their membership on the Waqf Board.
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While cancelling a decision given by a division bench of the Manipur High Court, the Supreme Court said,
“There are twin conditions to be eligible to be a Member of the Board: (1) The candidate must be from the Muslim community; and (2) must hold an active position as a Member of Parliament, State Legislative Assembly, or Bar Council. If a person no longer fulfills these conditions, they cannot continue to hold the Board position (sic).”
The case involved an appeal by Md Firoz Ahmad Khalid, who had been appointed to the Manipur Waqf Board in February 2023 after being elected to the Manipur bar council. He replaced another individual who had lost their position in the bar council following elections in December 2022.
While a single judge of the high court supported Khalid’s appointment, the division bench reversed that decision, stating that the law did not explicitly require a bar council member to vacate their Waqf Board position upon leaving the bar council.
In a detailed 25-page judgment, Justice Sundresh disagreed with the division bench’s ruling. The judgment clarified that a former bar council member could only be considered for Waqf Board membership if there are no current Muslim members in the bar council, as per a special exception in the second proviso to Section 14(2) of the Waqf Act.
The Court also referred to Article 14 of the Indian Constitution, which ensures equality before the law. According to this provision, individuals holding public positions must maintain high standards of professional ethics and moral conduct. The revocation of the person’s position in the Bar Council was seen as undermining these standards, leading to their disqualification from the Waqf Board.
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Consequently, the bench reinstated the single judge’s ruling, affirming Khalid’s appointment to the state Waqf Board.
The court remarked,
“We also note that presently, the appellant is the only Muslim member in the bar council concerned – a fact that has been rightly taken note of by the state of Manipur, while appointing him as a member of the board. In any case, there is no dispute with respect to the appellant’s eligibility to be a member of the board by virtue of his membership in the bar council,”
The Supreme Court’s decision in this case reaffirms that eligibility for public positions, including the Waqf Board, is subject to the maintenance of moral and professional standing.