The Waqf Amendment Act: A Step Towards Reform or Threat to Minority Rights?

This article analyses the proposed Waqf Amendment in the context of constitutional provisions safeguarding the rights of religious and linguistic minorities in India. While the government maintains that the amendments aim to promote accountability and transparency within waqf institutions, critics argue that it could lead to an undue concentration of power and potentially undermine the autonomy of these institutions. The article contends that any administrative reforms must align with the constitutional guarantees provided to minority communities to ensure both governance and protection of their rights.

What is Waqf?

According to the Waqf Act, 1954:

Waqf means permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognized by Muslim law as pious, religious or charitable.

Important Terms Associated with Waqf

• Mutawalli: The manager or trustee appointed to oversee the waqf’s administration.
• Waqif: The person professing Islam who creates or establishes the waqf by permanently dedicating property for religious, pious, or charitable purposes recognised under Muslim law.
• The Waqf Board: A statutory body established by the Waqf Act to administer waqf properties in each state or union territory.
• Central Waqf Council (CWC): A national advisory body mandated by Section 9 of the Waqf Act. It advises the Central Government and State Waqf Boards on matters concerning the working of waqfs and the proper administration of waqf institutions.

Historical Context of Waqf Properties & Their Management in India

The Waqf institution was brought to the Indian subcontinent during the period of Islamic dominance, increasing in popularity throughout the Delhi Sultanate and reaching its peak during the Mughal Empire. During the Mughal era, emperors such as Akbar and Shah Jahan gave large portions of land as donations, which enhanced the development of Waqf properties, usually involving mosques, madrasas, and other charity organisations. These endowments were frequently financed through revenues generated by dedicated villages or lands.

A more structured approach to waqf administration began under British colonial rule, particularly with the Mussalman Wakf Validating Act, 1913. This was an effort at a more systematic administration of religious endowments.

Post-independence, India has seen uninterrupted legislative growth in Waqf. The Waqf Act,1954, was an important step towards the centralisation of Waqfs in the entire nation during that period. This Act resulted in the creation of the Central Waqf Council in 1964, which is a statutory advisory body to oversee and guide the functioning of State Waqf Boards..

Further amendments to the Waqf Act, such as the Waqf (Amendment) Act, 2013, were made to update the Waqf properties’ management, improve transparency, and introduce stricter controls.

Despite these legislative measures, waqf properties in India continue to face persistent administrative challenges.

The Sachar Committee Report (2006) highlighted major issues, including:

• Widespread encroachment on waqf land,
• Illegal transfers and poor maintenance,
• Reluctance to conduct surveys or register properties,
• Heavy pendency of legal disputes, and
• Incompetent or politically influenced governance by certain state waqf boards

There have also been incidents of abuse of power on the part of some state waqf boards, with resulting community tensions. It is against this background of both the importance of Waqf properties and problems in their administration.

Main Provisions of the Waqf (Amendment) Act, 2025

1. Non-Muslim Members in Waqf Organisations: This act amends the composition of the central waqf council and state waqf boards to accommodate at least two non-Muslim members.
2. State government appointment of board members: hitherto, state members used to be elected from certain Muslim constituencies. The amendment gives authority to the state government to appoint.
3. District Collectors’ role: District Collectors are authorised by law to decide whether property is Waqf land or public land, and it will no longer be Waqf property until a court decides so.
4. Removal of Waqf by user: The provision granting properties the power to acquire the status of Waqf on the grounds of long-term religious or charitable use without required documentation has been eliminated.
5. Composition of Waqf Board: This requires a minimum of 2 Muslim women to be included in both the Central Waqf Council and State Waqf Boards.
6. Conditions of Eligibility for Declaration of Waqf: Only those individuals who have been practising Islam for not less than 5 years are qualified to declare a Waqf.
7. Abolition of the Mussalman Waqf Act 1923: The colonial period Mussalman Waqf Act has been repealed to remove duplication and promote harmony in Waqf property administration.

Constitutional Provisions Protecting Religious and Minority Rights in India

Article 25

• Ensures freedom of conscience and the right to freely profess, practise, and propagate religion.
• Protects the religious basis of waqf as a charitable and pious endowment under Islamic law.

Article 26(b)

• Guarantees the right of every religious denomination to manage its affairs in matters of religion.
• Supports the autonomy of Muslim communities in managing waqf-related religious affairs.

Article 26(d)

• Grants the right to own and administer movable and immovable property for religious and charitable purposes
• Empowers religious communities to independently administer waqf properties

Article 30(1)

• Grants religious and linguistic minorities the right to establish and administer educational institutions of their choice

Case Law

Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962)

Supreme Court reasserted that religious denominations are independent in their internal affairs unless compelling state interest demands otherwise.

Criticism of the Waqf Amendment

• Perceived targeting Muslim community: Various organisations and political parties have perceived the amendment as a targeting exercise against the Muslim community.
• Increased government control over Waqf properties: It can result in reducing the ability of the community to run its religious and charitable organisations independently.
• Protests and Legal Challenges: The amendment has triggered widespread protests and legal opposition. Organisations such as the All India Muslim Personal Law Board have announced their intention to challenge the law before the Supreme Court.
• Violation of Article 26(b) of the Indian Constitution: It can infringe Article 26(b), which provides every religious denomination with the right to administer its affairs in matters of religion.
• Adverse Impact on Minority Rights: It can infringe Articles 29 and 30 of the constitution, which safeguard the educational and cultural rights of minorities along with the minority’s rights to administer institutions of their choice.
• Lack of Consultation. The legislation was enacted without extensive consultation from concerned stakeholders such as community leaders, waqf experts, or civil society organisations. There is a lack of democratic deliberation, with issues of legitimacy and the disenfranchisement of the Muslim community arising.
• Discriminatory Comparison with Other Religious Endowment Laws: A comparative analysis with laws governing Hindu and Sikh religious endowments reveals apparent inconsistencies.
• Ambiguity Regarding the Limitation Act, 1963: The repeal of Section 107 of the Waqf Act, which previously provided an exception to the Limitation Act, has drawn strong criticism. Critics argue this change may weaken the ability of Waqf Boards to reclaim encroached properties, especially those unlawfully occupied for long periods. Without this protective clause, individuals in possession of waqf land for over 12 years may claim ownership through adverse possession, potentially legitimising illegal encroachments and undermining the community’s rights to religious endowments.

Conclusion

Although the Act seeks to consolidate administration, the amendments raise a fundamental issue of minority rights and religious freedom. By permitting state takeover of waqf assets, undermining the Muslim community’s ownership role in its religious institutions, the amendment threatens to dilute constitutional safeguards provided under Articles 29 and 30. 

Provisions such as the inclusion of non-Muslim members in waqf governance, the abolition of the “Waqf by User” facility, and the potential weakening of mechanisms to reclaim encroached waqf properties point to a shift in the balance of power—potentially favouring state authority over community-led management of religious endowments. Ongoing legal challenges in the Supreme Court further underscore the constitutional questions raised by the Act.

Whether the Waqf Amendment Act will ultimately be viewed as a step towards asset reform or a threat to minority autonomy will depend on its implementation and the outcome of judicial review. Ensuring that it is carried out on fair, transparent, and inclusive grounds—in line with constitutional protections for religious minorities—is crucial for the future of waqf properties and the rights of the Muslim community in India.

In a diverse and democratic country like India, reforms must take place but with special care, consultation and respect for the communities they affect.

For these reasons, the Act should be reconsidered to ensure it protects both transparency and the rights of minorities with fairness and sensitivity.

References

1. Constitution of India, 1950
2. Mulla, D.F. Principles of Mohammedan Law (21st ed., LexisNexis).
3. The Waqf Act, 1954 and The Waqf (Amendment) Act, 2013.
4. Government of India, Sachar Committee Report (2006).
5. The Waqf (Amendment) Bill, 2024.
6. Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, AIR 1962 SC 853.
7. Key Recommendation by the Joint Committee on the Waqf Amendment Bill, Available Here
8. The Limitation Act, 1963.