On April 16, 2025, the Supreme Court of India began hearing over 70 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, a law aimed at reforming the governance of Waqf properties. Led by Chief Justice Sanjiv Khanna, alongside Justices Sanjay Kumar and KV Viswanathan, the proceedings have sparked intense debate over religious autonomy, state intervention, and equality under the law. With hearings set to continue on April 17, the case highlights tensions between modernizing Waqf administration and preserving community rights, drawing nationwide attention amid protests and political divides. This article examines the latest updates, key arguments, and implications of the ongoing legal battle.
In This Article:
Background of the Waqf (Amendment) Act, 2025
Passed by Parliament and effective from April 8, the Waqf (Amendment) Act, 2025, renames the Waqf Act, 1995, as the United Waqf Management, Empowerment, Efficiency, and Development (UWMEED) Act. Incorporating 25 recommendations from the Joint Parliamentary Committee, it seeks to enhance transparency and inclusivity. Key provisions include mandating non-Muslim representation (up to four members) in the Central Waqf Council and State Waqf Boards, ensuring at least two Muslim women in these bodies, and granting female inheritance rights in Waqf-alal-aulad.
The Act empowers District Collectors to verify Waqf-by-user properties—lands deemed Waqf through long-term religious use—and repeals the Mussalman Wakf Act, 1923. Aimed at addressing mismanagement, as noted by the 2006 Sachar Committee, the Act governs 870,000 Waqf properties worth ₹100,000 crore, but has stirred controversy for allegedly infringing on religious freedoms.
Supreme Court Hearing Updates
On April 16, the Supreme Court declined to stay the Act’s implementation, emphasizing the rarity of halting parliamentary legislation. The bench focused on whether the case’s nationwide impact warrants Supreme Court adjudication and the petitioners’ specific grievances. CJI Khanna condemned violent protests, notably in Murshidabad, where three died, urging restraint.
The court proposed an interim order to protect court-declared Waqf properties, but the Centre, represented by Solicitor General Tushar Mehta, sought further discussion. The inclusion of non-Muslims in Waqf bodies was fiercely debated, with senior advocate Kapil Sibal arguing it violates Article 26. The bench suggested limiting non-Muslims to ex-officio roles. Waqf-by-user properties also drew scrutiny, with the court noting challenges in registering undocumented sites, citing historical mosques and the Delhi High Court’s Waqf land.
Key Arguments and Stakeholders
Petitioners, including AIMIM’s Asaduddin Owaisi, AAP’s Amanatullah Khan, and the All India Muslim Personal Law Board, argue the Act violates Articles 14, 25, and 26 by imposing arbitrary restrictions, such as requiring five years of Islamic practice for Waqf creation, and enhancing state control via District Collectors.
The Centre and six BJP-ruled states defend the Act, emphasizing its benefits for marginalized Muslims and administrative efficiency. The Uttarakhand Waqf Board also supports the reforms. Posts on X reflect polarized views, with some praising the Act’s intent and others decrying its impact on religious autonomy.
Broader Implications
Waqf properties, India’s third-largest landholding, face encroachments (7%) and litigation (2%), necessitating reform. However, protests in Murshidabad and Tripura underscore public unrest, with West Bengal’s CM announcing ₹10 lakh compensation for victims’ families. The Supreme Court’s ruling could reshape Waqf governance, balancing administrative needs with religious rights, and set a precedent for managing religious endowments in India’s pluralistic society.
The Waqf (Amendment) Act, 2025, hearings represent a critical juncture for India’s legal and social landscape. As the Supreme Court navigates complex constitutional questions on April 17, its decision will influence Waqf administration, religious autonomy, and state-community relations. With stakes high for millions, the outcome will test India’s commitment to balancing modernization with its diverse heritage.
-By Manoj H
