Supreme Court Stay on Waqf (Amendment) Act, 2025
Context: The Supreme Court’s interim stay on key provisions of the Waqf (Amendment) Act, 2025 underscores ongoing concerns over the balance between religious autonomy and state oversight of minority charitable assets.
What were the objectives of the Waqf Act?
Waqf refers to the permanent dedication of movable or immovable property for religious or charitable purposes under Islamic law. The Waqf Act, 1995, consolidated earlier legislation to regulate Waqf properties in India.
- Ensure proper administration of Waqf estates through Central and State Waqf Boards.
- Protect Waqf lands from encroachment and mismanagement.
- Provide access to Waqf resources for welfare activities such as education, healthcare, and poverty alleviation.
- Strengthen accountability by mandating registration of Waqfs.
According to the Sachar Committee Report (2006), Waqf properties in India cover over 4.9 lakh acres, with an annual potential income exceeding ₹12,000 crore. However, poor management means only a fraction is realised. The Economic Survey (2017-18) highlighted that efficient governance of such assets could support minority welfare schemes, reducing dependence on state funds.
What key provisions have been put on hold and why?
- Powers of the District Collector to Determine a Government Property: Under Section 3C of the Act, district collectors were authorised to decide if a piece of land, claimed as Waqf, was actually government land. During inquiry, such land would automatically stop being treated as Waqf. The apex court found this problematic because allowing Collectors to rule on titles undermines the principle of separation of powers.
- Inclusion of Non‑Muslims in Waqf Boards: Allowed a situation where non‑Muslims could become a majority in Waqf Boards and even in the Central Waqf Council. To protect the community’s right to self‑management, the Court limited non‑Muslim representation — a maximum of 4 members in the Central Waqf Council (out of 22) and 3 in State Waqf Boards (out of 11). This keeps inclusivity but prevents outsiders from dominating.
- Five‑Year “Practising Islam”: Only Muslims who could prove practising Islam continuously for at least 5 years could create a Waqf. The apex court ruled that it was vague, discriminatory, and arbitrary without clear guidelines on how such verification would happen. The government may revisit and frame proper rules.
What remains applicable under the amended law?
- Abolition of Waqf-by-User: Long-used principle allowing land used for religious/charitable purposes to be deemed Waqf is now abolished prospectively. SC found no prima facie illegality, citing misuse for encroachments.
- Applicability of Limitation Act: Waqf Boards must act against encroachments within statutory limitation periods; SC upheld this as ending an earlier legal anomaly.
What lies ahead?
The interim order reflects a balancing act: protecting Waqf autonomy while allowing reforms to curb misuse. The final verdict will determine whether the 2025 Act withstands constitutional scrutiny. The case highlights the wider tension between religious freedom and state oversight of charitable assets, a recurring theme in India’s governance of minority institutions.
