Supreme Court Flags Key Issues in Waqf Law Amid Rising Legal and Social Debate

What’s in Today’s Article?

• Waqf Law Latest News
• Supreme Court’s Intervention in Waqf Law:
• Key Aspects Challenged in the Waqf (Amendment) Act, 2025
• Judicial Observations and Proposed Interim Relief
• Petitioners’ Concerns
• Government’s Stand
• Waqf Law FAQs

Waqf Law Latest News

• The Supreme Court has questioned certain provisions of the Waqf (Amendment) Act, 2025.

Supreme Court’s Intervention in Waqf Law

• In a landmark development, the Supreme Court of India has taken a critical view of the recently enacted Waqf (Amendment) Act, 2025, as it heard over 100 petitions questioning its constitutional validity. 
• The Chief Justice of India, Sanjiv Khanna, along with Justices P.V. Sanjay Kumar and K.V. Viswanathan, raised concerns over three specific provisions that have potential to disrupt the long-standing waqf structure in India.

Key Aspects Challenged in the Waqf (Amendment) Act, 2025

• The apex court flagged three significant elements in the amended legislation:
  • Waqf-by-user Denotification:
    • The 2025 Act eliminates the legal recognition of waqf-by-user properties, those in use for religious or charitable purposes for centuries but not formally registered. 
    • Petitioners argued that this change could instantly erase the legal existence of nearly 4 lakh out of 8 lakh waqf properties.
  • Non-Muslims in Waqf Bodies:
    • The Act allows non-Muslims to serve as ex-officio members of the Central Waqf Council and State Waqf Boards. 
    • The court expressed concerns about this move, questioning whether religious institutions can be governed by individuals from outside the faith.
  • Collector’s Determination of Property Status:
    • The amended law permits District Collectors to determine if a property is waqf or government land. 
    • The court warned that allowing a government officer to act as a judge in such matters could violate due process and raise issues of conflict of interest.

Judicial Observations and Proposed Interim Relief

• CJI Khanna emphasized that the court normally does not stay legislative enactments unless the situation is exceptional. 
• However, he observed that this case qualifies as an exception due to the wide-ranging implications of the amendments.
• In an effort to balance equities, the Chief Justice proposed a three-point interim order:
  • Properties already judicially declared as waqf, including waqf-by-user, should not be denotified for the time being.
  • While the government officer may investigate the nature of land ownership, the status of such properties should not be changed until judicial review is complete.
  • Appointment of non-Muslims to waqf bodies may continue, provided a majority of members remain Muslims.
• No formal order was passed as Solicitor General Tushar Mehta sought more time for the government to present its arguments. The matter has been posted for further hearing.

Petitioners’ Concerns

• Petitioners argued that the new provisions violate Article 26 of the Constitution, which guarantees the right of religious denominations to manage their own affairs.
  • On Waqf-by-user:
    • Petitioners noted that the concept has been recognized in the Ayodhya judgment, and its sudden removal would result in mass dispossession of properties traditionally maintained by the Muslim community.
  • On Religious Autonomy:
    • Petitioners highlighted that forcing a Muslim donor to “prove” religious practice before dedicating a waqf is a parliamentary overreach into religious autonomy.
  • On Historical Continuity:
    • Justice Khanna pointed out the historical fact that many mosques and waqf properties predate British rule and land registration systems. 
    • Therefore, requiring registered deeds from centuries ago is unreasonable.

Government’s Stand

• Solicitor General Tushar Mehta defended the law, stating that:
  • Registration of all waqfs, including waqf-by-user, has been mandatory since the 1923 Act.
  • Non-Muslim inclusion in waqf bodies is limited to two ex-officio positions out of 22.
  • The Collector’s power is procedural and temporary until judicial confirmation.
• However, the bench remained unconvinced on several points, especially concerning the impact on religious rights and property access.

Waqf Law FAQs

Q1. What is waqf-by-user?

Ans. Waqf-by-user refers to land used for religious or charitable Islamic purposes for a long period without formal registration.

Q2. What change did the 2025 Waqf Act introduce regarding waqf-by-user?

Ans. The Act derecognized waqf-by-user, meaning such properties are no longer legally considered waqf unless registered.

Q3. Why is the Collector’s role controversial in the new Act?

Ans. The Collector can now determine whether land is waqf or government property, raising concerns of executive overreach.

Q4. What is the issue with non-Muslims on waqf boards?

Ans. The inclusion of non-Muslims as members of Waqf Boards has sparked debate on religious autonomy and secularism.

Q5. Has the Supreme Court stayed the new waqf law?

Ans. No stay has been issued yet; the matter is under judicial review, and the next hearing is awaited.

Source: TH | IE