Supreme Court ruling on validity of Waqf (Amendment) Act, 2025.
SUPREME COURT UPHOLDS WAQF AMENDMENT ACT 2025 AT INTERIM STAGE
CASE SUMMARY – The Supreme Court of India heard multiple writ petitions challenging the Waqf (Amendment) Act, 2025, which limits “Waqf by User,” mandates registration, and alters Waqf Council/Board composition to include non-Muslims. Petitioners alleged violations of fundamental rights and interference with Islamic religious freedoms. The Union defended the law as necessary to prevent encroachment on government and tribal lands and to safeguard monuments. Emphasizing the presumption of constitutionality and available Tribunal remedies, the Court declined interim relief, holding that the amendments were within Parliament’s competence and not manifestly arbitrary. The Act remains in effect pending final adjudication.
| ASPECTS | DETAILS |
| Case Title | In Re: The Waqf Amendment Act, 2025 |
| Introduction | Multiple writ petitions challenged provisions of the Waqf (Amendment) Act, 2025 as violative of Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. |
| Factual Background | Amendments restricted “Waqf by User,” altered composition of Waqf Boards/Council to include non-Muslims, mandated registration, and introduced Sections 3C, 3D, 3E affecting government, monument, and tribal lands. |
| Legal Issues |
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| Applicable Law |
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| Analysis | Court reviewed legislative history (1923–1995 Acts), presumption of constitutionality, state’s duty to protect public/tribal lands and monuments, and availability of remedies before Waqf Tribunal. |
| Conclusion | Interim stay refused. Parliament acted within competence; no prima facie violation of fundamental rights; amendments aim to prevent encroachment and ensure transparent administration. |
| Current Scenario | The Waqf (Amendment) Act, 2025 remains in force; final hearing awaited; mandatory registration and new Council/Board composition provisions continue to operate. |
“Presumption of constitutionality stands unless clear constitutional transgression is shown.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – The Waqf (Amendment) Act, 2025
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