In a comprehensive 128-page judgment (2025 INSC 1116), the Supreme Court of India, presided over by Chief Justice B.R. Gavai, addressed a batch of 20 writ petitions challenging the Waqf (Amendment) Act, 2025. The petitions, including WP(C) No. 276/2025 and others from 2013 to 2025, contest the Act’s validity as ultra vires the Constitution, alleging violations of Articles 14 (equality), 15 (non-discrimination), 19 (freedoms), 21 (life and liberty), 25 (religious freedom), 26 (religious denominations), 29 (minority rights), 30 (educational institutions), and 300A (property rights).
The core dispute revolves around amendments to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (Waqf Act, 1995), particularly Sections 3(r) (de-recognizing ‘Waqf by user’ prospectively), 3C (special provisions for government properties), 3D and 3E (survey and dispute resolution involving state oversight), 9 and 14 (altering composition of Central Waqf Council and State Waqf Boards), and others like 23, 36, 104, 107, 108, and 108A. Petitioners, represented by senior advocates including Kapil Sibal, argued these changes erode Muslim community autonomy, impose discriminatory state control, and threaten centuries-old Waqf endowments used for mosques, schools, and charities.
Solicitor General Tushar Mehta defended the amendments, highlighting their aim to enhance transparency, digitization, and efficiency in managing over 8.7 lakh Waqf properties spanning 9.4 lakh acres, valued at trillions, while curbing encroachments and misuse. The judgment traces Waqf’s legislative evolution from the Mussalman Wakf Act, 1923; Bengal Wakf Act, 1934; Waqf Act, 1954; 1984 amendments post-Waqf Enquiry Committee; to the 1995 Act.
At the interim stage, the court focused on three issues: de-recognition of Waqf by user, government property provisions under Section 3C, and board compositions. An earlier April 2025 hearing recorded the government’s assurance against appointing members to Waqf bodies or altering Waqf status until further orders, a commitment reaffirmed.
The analysis dissects impugned sections:
• Sections 4(ix)(a) and (b): Redefining ‘Waqf’ to exclude non-Muslim endowments and limit user-based claims, potentially affecting historical sites.
• Section 5 (inserting 3C, 3D, 3E): Mandating state surveys and Collector adjudication for disputed government-involved Waqfs, raising separation of powers concerns.
• Sections 10, 12, 16: Expanding non-Muslim representation in Waqf Boards for inclusivity.
• Section 21: Streamlining appeals.
• Sections 43-45: Strengthening recovery of encroached properties.
The rejoinder addressed fears of retrospective application and minority disenfranchisement. While the full operative part upholds the Act’s reformative intent for better governance, it strikes a balance by safeguarding religious autonomy, directing safeguards against arbitrary state interference. No blanket stay was granted, but specific provisions like excessive government vetoes were flagged for review.
This ruling reinforces judicial oversight in religious reforms, impacting 9 crore Muslims and setting precedents for other endowment laws. It may expedite Waqf digitization via the upcoming portal while protecting constitutional rights. The decision, welcomed by reform advocates but critiqued by community leaders, underscores India’s commitment to equitable property management.
Case Title: IN RE: THE WAQF AMENDMENT ACT, 2025
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