Supreme Court Upholds Majority of Waqf (Amendment) Act, 2025, but Stays Select Provisions

While rejecting plea for an interim stay on the entire amendment Act, the Court granted interim reliefs to balance equities

New Delhi, September 15, 2025 - The Supreme Court of India, headed by Chief Justice B.R. Gavai and Justice Augustine George Masih, has upheld the constitutional validity of most provisions of the controversial Waqf (Amendment) Act, 2025. The Act, which amends the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, faced multiple constitutional challenges from petitioners alleging violations of fundamental rights and religious freedoms.

Background

The batch of writ petitions, including Writ Petition (Civil) Nos. 276, 314, 284, 331, and 269 of 2025, questioned the amendments on grounds of arbitrariness and discrimination, violating Articles 14, 15, 19, 21, 25, 26, 29, 30, and 300A of the Constitution. The petitioners primarily challenged amendments to Sections 3(r), 3C, 3D, 3E, 9, 14, 23, 36, 104, 107, 108, and 108A of the Waqf Act, 1995.

Key Issues Addressed

Registration and "Waqf by User": The Act deletes the concept of “Waqf by User,” which allowed properties to be recognized as waqf based on use rather than formal dedication. Petitioners argued this deletion was arbitrary and infringed on religious rights. The Court upheld this deletion, citing historical misuse of this provision as a “clever device” to evade law and encroach government property. Registration of waqfs has been mandatory since 1923, and the failure to register cannot be condoned.

Requirement of Practicing Islam for Five Years: The amended Section 3(r) mandates that a waqf can only be created by a person showing or demonstrating practice of Islam for at least five years. Petitioners claimed this was discriminatory. The Court found this provision prima facie valid, recognizing the legislature's intent to prevent fraudulent conversions for property benefits. However, the Court stayed this clause's operation until rules are framed to provide a fair mechanism for determination.

Government Property and Inquiry Mechanism (Section 3C): The Act provides for a designated officer above Collector rank to inquire whether a property declared as waqf is actually government property, and pending report submission, the property is not deemed waqf. The Court found the proviso treating such property as non-waqf before inquiry completion to be arbitrary and stayed this part. The Court also held that determination of property title is a judicial function and must be decided by the Waqf Tribunal established under Section 83.

Protected Monuments (Section 3D): The Act declares any waqf notification over protected monuments as void to preserve cultural heritage. Petitioners argued this violated religious freedoms. The Court rejected this claim, pointing out that under the Ancient Monuments and Archaeological Sites and Remains Act, customary religious practices are permitted.

Scheduled Tribes’ Land (Section 3E): The Act bars declaration of land belonging to Scheduled Tribes under the Fifth and Sixth Schedules of the Constitution as waqf property to protect their cultural and land rights. The Court upheld this provision, recognizing the special constitutional protections afforded to Scheduled Tribes.

Composition of Central Waqf Council and State Waqf Boards: The amendments allow inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards in numbers that could constitute a majority. Petitioners claimed this interfered with religious affairs. The Solicitor General assured the Court that non-Muslim members would not exceed four in the 22-member Council and three in the 11-member Boards. The Court accepted this and directed strict adherence to these limits.

Appointment of Chief Executive Officer: The Act allows appointment of a Chief Executive Officer (CEO) for Waqf Boards by the State Government, not necessarily Muslim. The Court did not stay this provision but expressed a preference that the CEO be a Muslim where possible.

Limitation Act Applicability: The Act makes the Limitation Act, 1963 applicable to waqf property claims, which petitioners challenged as arbitrary. The Court upheld this amendment as removing discrimination.

Deletion of Special Provisions on Evacuee Waqf Properties: The Act deletes provisions related to evacuee waqf properties following repeal of the Administration of Evacuee Property Act, 1950. The Court found this deletion justified.

Court’s Directions and Conclusion

While rejecting the petitioners' plea for an interim stay on the entire amendment Act, the Court granted the following interim reliefs to balance equities:

• 1. Stay on the five-year Islamic practice requirement in Section 3(r) until rules are framed for its implementation.

• 2. Stay on the proviso to Section 3C(2) and Sections 3C(3) and (4) relating to the declaration of government properties and corrections in revenue records until final adjudication by the Tribunal.

• 3. No dispossession or alteration in revenue and Board records pending final determination of title disputes under Section 3C.

• 4. Limits on non-Muslim representation to a maximum of 4 in the Central Waqf Council and 3 in State Waqf Boards.

• 5. Recommendation to appoint Muslim Chief Executive Officers where possible.

The Court emphasized that these observations were prima facie and would not prejudice the final hearing. It underscored the legislature’s role in addressing mismanagement and misuse of waqf properties, a concern dating back to laws enacted since 1923.

Significance

This judgment affirms the constitutional validity of most provisions of the Waqf (Amendment) Act, 2025, signaling the judiciary’s deference to legislative intent and the need for reforms in waqf property management. It also safeguards the rights of the Muslim community and government by setting procedural safeguards and limits on State interference. The ruling balances religious freedoms with the State's responsibility to prevent encroachments and misappropriation of waqf properties.

The Supreme Court’s detailed 210-paragraph judgment reflects extensive historical, legal, and constitutional analysis, drawing upon over a century of legislative developments and case law, setting a new chapter in the governance of waqf properties in India.

In Re: Waqf Amendment Act, 2025 (1), (SC) : Law Finder Doc Id # 2778517