Supreme Court deliberates on constitutional challenges to the Waqf (Amendment) Act 2025 amid nationwide debate on religious autonomy and waqf property rights.
WAQF REGISTRATION REQUIRED SINCE 1923 SAYS SUPREME COURT
Case in News
Supreme Court reserves order on plea to stay Waqf (Amendment) Act 2025
Case Overview
Case Name : In Re The Waqf (Amendment) Act, 2025 | W.P.(C) No. 276/2025 and connected matters
A Supreme Court bench led by Chief Justice of India BR Gavai and Justice AG Masih has reserved its interim order on petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025 . The petitioners argue that the amendments violate fundamental rights and undermine religious freedoms . The Union supported by several BJP-ruled states, defends the Act as a necessary reform . The controversy centers around the deletion of waqf by user, restrictions on Scheduled Area waqfs and stricter registration requirements under the Waqf Act 1995 .
Key Aspects
Before reaching any final decision, the Court heard detailed arguments on the following concerns :
- Removal of the waqf by user provision affecting centuries-old religious sites
- Restriction on creating waqfs over Scheduled Areas
- Mandatory 5-year religious practice to qualify as a waqif (creator of waqf)
- Inclusion of non-Muslims in Waqf Boards, seen as contrary to religious autonomy
- Penal consequences of non-registration allegedly due to State failure since 1954
- Grant of authority to revenue officials to determine waqf nature and disputes
- Alleged exclusion of Muslim tribes from creating waqf in Scheduled Areas
Legal Insights
The petitioners raised several constitutional and statutory concerns :
- Article 14 – Arbitrary and unequal treatment towards Muslim waqfs compared to other religious trusts
- Article 15 – Indirect discrimination based on religion
- Article 25 & 26 – Interference with freedom of religion and the right to manage religious affairs
- Section 3, 3C, 3D, 3E – Central to the challenges; allowing government to suspend waqf status and restrict certain dedications
- Section 36(1), 36(7A), 36(10) – Create a “vicious circle” preventing registration if property is under dispute
- Deletion of Section 108 and application of Limitation Act under Section 107 – Dilutes waqf protection in old property disputes
Court’s Verdict
The Supreme Court has reserved its interim decision . While Chief Justice of India BR Gavai observed that registration has been required since 1954 he acknowledged that State failures to register waqfs can’t justify penal consequences for the community . Final ruling is awaited as the Act’s impact on religious freedoms administrative control and constitutional rights under the Waqf Act 1995 and Waqf (Amendment) Act 2025 remains under intense judicial scrutiny .
Source- Supreme Court of India
Read also–Article 14 of Indian Constitution
