Imogen King The Supreme Court of India is in the midst of high-stakes hearings on the constitutional validity of the Waqf (Amendment) Act, 2025. The new law, which amends the Waqf Act of 1995, has triggered a wave of petitions from Muslim organizations, state governments, and civil society, reflecting deep divisions over the future of waqf property regulation and minority rights in India.
Supreme Court Proceedings: Key Developments
- Multiple Petitions: The Court is hearing a batch of petitions challenging the amended Act. Petitioners argue the law discriminates against Muslims and interferes with their religious affairs and management of waqf properties. The Court has limited the initial hearings to five main petitioners, given the volume of cases.
- Centre’s Defence: The Union government, supported by several BJP-ruled states, has defended the amendment, stating it is necessary to curb misuse of waqf provisions, especially the encroachment of private and government land under the guise of waqf.
- Kerala’s Opposition: The State of Kerala and organizations such as the Sree Narayana Manava Dharmam Trust have also challenged the Act, arguing it threatens the existence and autonomy of the Muslim community and waqf institutions.
- Arguments in Court: The Solicitor General has asserted that waqf, while an Islamic concept, is not an essential part of Islam and thus not protected as a fundamental right. He emphasized that “waqf by user” (where property is declared waqf based on informal religious use) is a statutory, not a fundamental, right and can be regulated or removed by legislative policy.
Why the Waqf Amendment Act Needs Urgent Changes
1. Curbing Historical Misuse and Encroachment
For decades, the waqf system in India allowed properties—sometimes government or private land—to be claimed as waqf through the “waqf by user” provision, often without due process or clear documentation. This led to widespread disputes, encroachments, and litigation, creating uncertainty for property owners and undermining the rule of law. The amended Act seeks to address this by tightening the definition of waqf and requiring proper registration and documentation.
2. Restoring Constitutional Equality
The previous waqf regime created a parallel legal system, with special tribunals and boards enjoying powers not available to other religious or charitable trusts. This undermined the constitutional principle of equality before law and allowed for arbitrary decisions that sometimes dispossessed non-Muslims or the state of property. The amendment aims to bring waqf administration in line with constitutional norms and secular governance.
3. Transparency and Accountability
Waqf boards have long faced allegations of corruption, mismanagement, and lack of oversight. The amended Act introduces stricter requirements for property registration, audits, and board composition (including non-Muslim members), aiming to ensure waqf assets are managed transparently for their intended charitable purposes and not diverted for private or political gain.
4. Protecting Property Rights
By eliminating the “waqf by user” provision and requiring clear, documented endowment, the amendment protects the rights of legitimate property owners—both private citizens and the state. This move is crucial to prevent future land grabs and to resolve thousands of ongoing disputes clogging the courts.
5. Balancing Religious Freedom and Public Interest
While the Act has sparked concerns about religious autonomy, the government argues that the reforms do not infringe on the right to practice or manage religious affairs. Instead, they ensure that waqf properties are managed within the framework of the law, balancing minority rights with public interest and the rights of other citizens.
The Stakes: What the Supreme Court Will Decide
The Supreme Court’s judgment will determine whether the Waqf (Amendment) Act, 2025, strikes the right balance between protecting religious freedom and ensuring transparency, accountability, and equality. Key questions include:
- Does the exclusion of “waqf by user” violate the rights of religious denominations?
- Is the inclusion of non-Muslims in waqf boards and councils constitutional?
- Does the Act unfairly target or discriminate against the Muslim community, or does it correct historical anomalies and abuses?
Summary
The ongoing Supreme Court hearing on the Waqf Amendment Act is more than a legal battle—it is a test of India’s commitment to constitutional equality, secular governance, and the rule of law. Urgent changes, as envisaged in the amended Act, are needed to end decades of misuse, protect property rights, and ensure that waqf assets truly serve their intended charitable and religious purposes. The outcome will have far-reaching implications for minority rights, property law, and the future of secularism in India.
