The matter of the Waqf Amendment Act 2025 has reached the Supreme Court of India. It has been heard by the bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanatha, and only five writ petitions were considered while others were disposed of. In the interim order, it was directed that until the next hearing date, waqf properties, including waqf by user already registered or declared by way of notification, shall neither be denotified nor shall the collector be changed.
The recent amendment to the Waqf Act of 1995 received the President’s assent and has become law. Waqf properties are essential from religious, social, and economic standpoints, and India has been attempting to regulate and safeguard them.
The right to freedom of religion is protected under Articles 25 to 28 of the Constitution of India. Article 26 of the Constitution states the freedom to manage religious affairs; this has been exercised by various religious denominations and sections to manage their religious matters.
The Waqf Act and similar laws related to the management of religious affairs are protected and regulated as per Article 26. In various cases, such as Ratilal Panachand Gandhi v. State of Bombay (1954) 1 SCC 487, Commr., Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954) 1 SCC 412, and Pannalal v. State of A.P. (1996) 2 SCC 498, the court has stated that the administration of endowments and religious institutions is a secular role subject to legal regulation and can be legislated upon.
The amendment to the Waqf Act of 1995 has received both criticism and appreciation, and the changes made to the present law have sparked a series of debates and discussions.
Waqf Act, 1995
The Waqf Act of 1954, the first significant law after independence, established the framework for the administration of these holdings. ‘Waqf’ has been defined as the permanent dedication by any person of any movable or immovable property for any purpose recognized by Muslim Law as pious, religious, or charitable.
Laws have been revised over time to enhance governance and guard against abuse. Through the Ministry of Minority Affairs (MoMA), Government of India, the Quami Waqf Board Taraqqiati Scheme (QWBTS) and Shahari Waqf Sampatti Vikas Yojana (SWSVY) are being implemented. These two schemes aim to modernize and automate State Waqf Boards. The Waqf Amendment Bill 2025 seeks to safeguard waqf assets, improve management, and promote transparency.
Need for Amendment to the Waqf Act, 1995
There were various gaps in the Waqf Act of 1995, which led to the exploitation of property and cumbersome litigation. The amendment to the present Act has addressed those gaps and introduced significant changes in the management and determination of waqf property.
As suggested by the Joint Committee on Waqf Amendment Bill, 2025 (JCWAB), the Waqf Act amendments bring about progressive measures such as:
- Using technology to make waqf property administration transparent, effective, and scientific.
- If a property is not contested or recognized as government land, it will continue to be registered with Waqf Boards.
- Before any waqf dedication, women must receive their legal inheritance, with special consideration given to widows, divorced women, and orphans.
- Mutawallis must register property details on a central portal within six months, enhancing accountability.
The Limitation Act of 1963 will now apply to waqf property claims, aiming to reduce prolonged litigation. Only those who have been Muslims for at least five years are eligible to dedicate their property to waqf. The previous position that existed before the Waqf (Amendment) Act of 2013—when the person authorized to perform waqf was changed from “any person professing Islam” to “any person”—will largely be restored.
Properties already registered with Waqf Boards will remain so unless disputed or identified as government land. According to the Waqf Management System of India (WAMSI), there are 4.02 lakh waqf by user properties out of a total of 8.72 lakh waqf properties as of date.
An officer above the rank of Collector will investigate government properties claimed as waqf, preventing unwarranted claims. MoHUA informed the JPC during their presentation on 05.09.24 that 108 properties under the control of the Land and Development Office, 130 properties under the control of the Delhi Development Authority, and 123 properties in the public domain were declared as waqf properties and brought into litigation.
Waqf property claims will now be subject to the Limitation Act of 1963, which seeks to cut down on prolonged litigation. The Bill removes Section 40, which previously allowed Waqf Boards to arbitrarily claim properties as waqf, preventing instances such as the declaration of entire villages as waqf:
- Thiruchenthurai Village, Tamil Nadu
- Govindpur Village, Bihar
- Kerala (September 2024): Around 600 Christian families in Ernakulam challenged the Waqf Board’s claim over their land, leading to legal action and petitions before the Joint Parliamentary Committee.
- 15,000 acres in Karnataka (Vijayapura, Chitradurga, Yadgir, Dharwad, Ballari)
These cases underscored the arbitrary and unregulated power exercised by Waqf Boards. To address this, Section 40 of the Waqf Act is being omitted, ensuring fair and just administration of waqf properties.
The inclusion of two non-Muslim members in both Central and State Waqf Boards acknowledges diverse stakeholders. The mandatory annual contribution from waqf institutions to Waqf Boards is reduced from 7% to 5%, allowing more funds to be allocated for charitable purposes.
A structured selection process and fixed tenure for tribunal members are established to ensure stability and efficiency in dispute resolution. As per the WAMSI Portal, there are 21,618 pending cases in the tribunals as of date. Waqf institutions with annual earnings exceeding ₹1 lakh must undergo audits conducted by State Government-appointed auditors.
Way Forward
The changes to the Waqf Act of 1995 were discussed and intensely debated in Parliament, which later led to the Waqf Amendment Act 2025. The amendment has introduced certain progressive measures to enhance the management of waqf properties.
There was resentment in different regions, and protests were held in various parts of the country; some protests became violent, as seen in Murshidabad, West Bengal, where violent protests erupted against the Waqf amendment. The need for amendment and its significance have already been addressed by the law-making body.
People have the right to protest, but such protests must be peaceful and should respect the principles of fraternity, justice, and equality as enshrined in the preamble of our Constitution. The agitations across the country should follow the due process of law. The protests that emerged in various parts of the country have their reasons, but to safeguard the principles enshrined in our Constitution, protests should be carried out peacefully.
The Waqf Amendment Act 2025 has brought significant changes to the management of waqf properties and has addressed gaps in the current law. The amendment has been challenged by various institutions and individuals before the courts and will be dealt with by the judiciary.
References
1. Ratilal Panachand Gandhi v. State of Bombay, (1954) 1 SCC 487
2. Commr., Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, (1954) 1 SCC 412
3. Pannalal v. State of A.P., (1996) 2 SCC 498
4. Constitution of India
5. Limitation Act, 1963
6. Waqf Act, 1995 (and its amendments, including the Waqf Amendment Act 2025)
7. Waqf (Amendment) Act, 2013
Disclaimer
The views expressed in this article are those of the author and do not necessarily reflect the views of any institution or organization.
