The Hindu: Published on 17 September 2025.
Why in News?
The Supreme Court has stayed key provisions of the Waqf (Amendment) Act, 2025, calling them prima facie arbitrary.
The court refused to suspend the entire Act but froze parts that violated constitutional principles.
This ruling balances protection of Waqf properties with public interest and government ownership rights.
Background:
Waqf refers to religious endowments made by Muslims for charitable or religious purposes.
The Waqf Act, 1995 governs registration, management, and protection of Waqf properties.
In 2025, Parliament passed amendments that:
Added stricter rules for creating Waqfs (e.g., 5-year proof of practising Islam).
Empowered government officers to unilaterally alter property status.
Altered composition of Waqf Boards with more non-Muslim representation.
Multiple petitions challenged these provisions as unconstitutional.
Key Issues Identified by the Court:
Five-Year Islam Practice Clause:
Court said proof of faith may be reasonable, but the law lacked a mechanism to verify it.
Stayed until a proper procedure is designed.
Section 3C – Government Property Doubt:
Provision made a Waqf lose its status immediately if someone alleged it was government land.
SC ruled this was “totally unconstitutional” as only courts/tribunals can decide property ownership, not the executive.
Executive Overreach:
Government officers altering revenue/Waqf Board records was against the principle of separation of powers.
Title disputes must be settled by judiciary (Waqf Tribunal/High Courts).
Balance of Interests:
Waqfs cannot be dispossessed until tribunal decisions.
Mutawallis barred from creating third-party rights to avoid misuse.
Composition of Waqf Councils:
Capped non-Muslim members (max 4 in Central Council, 3 in State Boards).
CEOs of State Waqf Boards should be Muslims “as far as possible”.
Registration Requirement:
Court upheld mandatory registration with proper Waqf deed.
Said unregistered Waqfs cannot claim continuation after 100+ years of non-compliance.
Implications:
For Waqf Institutions:
Provides protection from arbitrary government takeover.
Strengthens legal safeguards but enforces accountability through registration.
For Government:
Limits executive control, ensuring disputes go to tribunals/courts.
Still allows oversight to prevent misuse of Waqf lands.
For Society:
Balances minority rights with public interest.
Prevents misuse of Waqf endowments while respecting religious autonomy.
Constitutional Angle:
Separation of Powers: Executive cannot decide property title.
Religious Freedom (Article 25–26): Protects community rights to manage religious endowments.
Equality (Article 14): Arbitrary provisions struck down as violative of fairness.
What Next?
Law remains partially operational, but disputed provisions are suspended.
Government may need to redraft rules/mechanisms (esp. for proof of religion & property ownership).
Final word will come after full constitutional bench hearing on validity of the amendments.
Conclusion of the Judgment:
The Supreme Court clarified in its decision that the Waqf (Amendment) Act, 2025, cannot be held completely unconstitutional, and therefore, the Act will remain in effect. However, provisions that were found to be arbitrarily, lack due process, and gave unlimited powers to the executive were found prima facie unconstitutional and suspended.
The Court stated that:
- Only the judiciary, not the executive, can make the final determination of property ownership.
- Waqf properties will be protected until the Tribunal/High Court issues a final decision.
- Waqf institutions must maintain proper registration and transparency.
- The number of non-Muslim members on councils and boards will be limited, and the CEO will, if possible, be from the Muslim community.
In conclusion- this decision strikes a balance between religious freedom, property rights, and government control, where the Court ensured the protection of Waqf properties while also paving the way for safeguarding them from misuse by government interests.
