New Delhi, Sept. 15 -- The Supreme Court today paused implementation of three controversial provisions of the amended Waqf Act, terming them potentially arbitrary and unconstitutional. A bench led by Chief Justice BR Gavai and Justice AG Masih stayed rules that required donors to prove they had been "practicing Muslims" for five years, mandated inclusion of non-Muslims on waqf boards, and empowered District Collectors to decide whether a property qualifies as waqf. The court observed that allowing Collectors to adjudicate such disputes would violate the separation of powers and could lead to misuse.

However, the judges refused to suspend the requirement of registering waqf properties, noting that this obligation had existed earlier but w...