The Supreme Court of India in 2025 issued an interim order staying three controversial provisions of the Waqf (Amendment) Act, 2025. The Act, passed in April 2025, sparked widespread debate over minority rights and government authority. The court upheld the constitutionality of the Act but restrained specific clauses that raised concerns about religious freedom and property rights. This ruling marks moment in the governance of Waqf properties and minority religious affairs in India.
Background of the Waqf Amendment Act, 2025
Waqf refers to an Islamic religious endowment where property is donated for charitable use. India has about 850,000 Waqf properties including mosques, graveyards, educational and health institutions. The 2025 Amendment aimed to improve transparency and prevent misuse of these properties. However, the Act faced opposition for allegedly infringing on the rights of Muslims to manage their religious affairs under Article 26 of the Constitution.
Contentious Provisions and Legal Challenges
The Act granted district collectors powers to investigate Waqf properties and declare them government property if found otherwise. Petitioners argued this violated the principle of separation of powers and risked arbitrary state acquisition of religious properties. The Supreme Court stayed these provisions, stating disputes must be resolved by Waqf Tribunals and high courts, not revenue officials. The court also restricted the creation of third-party rights during ongoing disputes.
Inclusion of Non-Muslims in Waqf Governance
The Act allowed members from other faiths to be part of Waqf boards. This provision faced criticism for diluting Muslim control over their religious institutions. The court permitted inclusion but capped non-Muslim members at four in the Central Waqf Council and three in State Waqf Boards. This decision suggests a possible model for secular governance of religious institutions, balancing minority rights and inclusivity.
Religious Identity and Waqf Creation
The Act required that only persons practising Islam for at least five years can create Waqf. Petitioners challenged this as discriminatory and arbitrary. The court stayed this clause pending government rules to determine religious identity. This raises concerns about potential harassment and state overreach in defining religious practice.
Waqf by User and Historical Properties
The Act omitted the principle of Waqf by user which protects long-used religious properties without formal registration. Petitioners feared this could lead to state takeover of such properties. The court did not stay this omission but noted it would not apply retrospectively. New Waqfs must be registered within prescribed timelines, balancing legal clarity with protection of historic religious sites.
Implications for Religious Freedom and Reform
The Supreme Court’s order seeks to balance state interests with minority rights and religious autonomy. It marks the need for transparent and accountable Waqf management while respecting constitutional protections. The ruling may influence future reforms in religious institution governance and could pave the way for broader secular frameworks such as a Uniform Civil Code. The ongoing challenges tell the impact of religious polarisation on legal and social reforms in India.
Questions for UPSC:
- Critically discuss the constitutional provisions safeguarding religious freedom in India and analyse how they apply to minority religious endowments like Waqf.
- Examine the principle of separation of powers in Indian governance. How does it prevent arbitrary state action in matters involving religious properties?
- Point out the challenges and benefits of including members from different faiths in the governance of religious institutions. Analyse its impact on secularism in India.
- Estimate the role of judicial intervention in balancing minority rights and state interests in India. How can courts contribute to social harmony and religious reform?
