The Supreme Court of India, on 15 September 2025, issued an interim order staying certain provisions of the Waqf (Amendment) Act, 2025. While upholding the overall constitutionality of the law, the court paused enforcement of clauses seen as contentious. The decision came amid challenges from various political leaders and parties, who argued that the amendments infringed on Muslim community rights and religious freedoms.
Background and Context
Waqf refers to a charitable endowment under Islamic law, where property is dedicated for religious or philanthropic use. The 2025 Amendment aimed to reform Waqf property management by enhancing transparency and accountability. It introduced powers for District Collectors to decide property claims and imposed a five-year practising Muslim criterion to create waqf. The law also allowed limited non-Muslim membership on Waqf boards, sparking debate over minority rights and state control.
Major Provisions Stayed by the Court
The Supreme Court stayed Section 3C, which authorised District Collectors to determine if property claimed as waqf belonged to the government and to alter revenue records accordingly. The court ruled that ownership disputes must be resolved by judicial or quasi-judicial bodies, not executive officers. It also suspended the automatic loss of waqf status once an inquiry began, deeming it arbitrary. Furthermore, the five-year practising Muslim requirement for creating waqf was stayed until rules for verification are framed.
Provisions Allowed to Continue
The court upheld the removal of the waqf by user doctrine, under which land used for Muslim charitable purposes without formal registration could be deemed waqf. This was seen as necessary to curb misuse and encroachment of government land. Registration of waqf properties on a central digital portal was also maintained to ensure transparency. The application of the Limitation Act, 1963, to waqf properties was upheld, removing previous exemptions.
Restrictions on Non-Muslim Representation
The amendment’s provision allowing non-Muslims on Waqf boards and the Central Waqf Council was partially restricted. The court capped non-Muslim membership at four for the Central Council and three for State Boards. It also suggested that the Chief Executive Officer of Waqf boards should preferably be a Muslim, respecting the religious nature of these institutions.
Judicial Reasoning and Constitutional Safeguards
The court emphasised that vesting executive officers with authority over property titles violates the separation of powers. It recognised constitutional protections for Scheduled Tribes’ land and protected monuments, barring their declaration as waqf. The interim order balances state interests in preventing misuse with safeguarding minority rights. The court awaits final adjudication on the constitutionality of the full law.
Implications for Religious Freedom and Property Rights
The five-year practising Muslim clause raised concerns about state interference in personal faith. Critics argue it allows officials to question religious identity, potentially infringing on Article 26 rights. The court’s suspension of this clause pending procedural rules reflects the complexity of balancing religious freedom with preventing exploitation of waqf laws. The ruling marks ongoing tensions between minority rights and state regulation.
Questions for UPSC:
- Critically discuss the impact of state regulation on religious endowments in India with reference to the Waqf (Amendment) Act, 2025.
- Examine the principle of separation of powers in the context of executive authority over property disputes under the Constitution of India.
- Analyse the constitutional protections available to minority communities under Articles 26 and 30 and their relevance to religious institutions.
- Estimate the challenges and benefits of digital registration of religious properties in improving governance and transparency.
