Description

The Waqf (Amendment) Act 2025 has ignited widespread legal and societal discussion across India. Aimed at restructuring the administration of waqf properties assets reserved for Islamic religious and charitable purposes the legislation has faced opposition from multiple quarters. Over 70 petitions have been filed by religious groups and political organizations, challenging the Act’s constitutional validity. The main contention is that the law infringes upon Articles 25 and 26 of the Indian Constitution, which safeguard religious freedoms.

Understanding Articles 25 And 26 Of Constitution

Article 25: Freedom of Religion for All Individuals

• Grants every citizen the right to choose, follow, and promote any religion, or none at all.

• Permits individuals to practice and propagate their religion freely.

• These rights can be regulated by the State in the interest of public order, morality, or health.

• The State may: Regulate secular activities associated with religion. Ensure all Hindus, regardless of caste, can access Hindu religious places (Sikhs, Jains, and Buddhists are included under the term "Hindu" for this purpose). Article 26: Rights of Religious Denominations

• Empowers religious groups to: Establish and manage institutions for religious or charitable purposes. Govern their own religious affairs independently. Own and manage property in line with legal procedures.

• These rights are also subject to considerations of public health, morality, and public order.

Waqf (Amendment) Act 2025 Introduces

Amending the original Waqf Act of 1995, the 2025 update gives the Central Government greater oversight over waqf properties. A key feature of the amendment is the removal of the concept of “waqf by user” a term referring to properties that, though not formally declared, have been used for religious or charitable purposes over time.

Key Changes And Concerns

• Authority of the District Collector - The Act allows district collectors to decide if a property qualifies as waqf. Critics argue this diminishes the role of the judiciary in such determinations.

• Mandatory Registration of All Waqf Properties - The Act requires every waqf property to be registered, raising practical concerns about properties established centuries ago without official documentation.

• Elimination of “Waqf by User” - By discarding this provision, many long-used religious properties may no longer receive protection unless formally recognized.

Supreme Court’s Observations In April 2025 Hearing

The Supreme Court, during its initial review, flagged several problematic aspects of the amendment:

• Status of “Waqf by User” Properties - The Court emphasized that if a court has already confirmed a property’s waqf status, the new law shouldn’t revoke it merely due to lack of registration.

• Collector’s Authority to Suspend Waqf Recognition - The Court criticized the provision that halts a property’s waqf status simply because an inquiry has begun. It ruled that the inquiry may proceed, but the religious nature of the property shouldn’t be affected during that time.

• Inclusion of Non-Muslim Members in Waqf Boards - The Court questioned the rationale behind allowing non-Muslims to be part of Waqf Councils, asking rhetorically: “Would it be acceptable to include Muslims in Hindu religious trusts?” The Court stated that only Muslims—excluding ex-officio government officials—should serve on such boards.

Wider Implications

The verdict in this case is expected to significantly impact the management of religious and charitable assets across India. It will also shape how the judiciary interprets the balance between religious autonomy and state regulation, potentially influencing future legislation involving religious trusts and property rights.

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