Supreme Court Petitions Against the Waqf (Amendment) Act, 2025
The Supreme Court petitions challenge the constitutionality of the Waqf (Amendment) Act, 2025. They argue that it violates religious and property rights, particularly affecting the Muslim community's historical lands.
Key Arguments Against the Amendment
- Violation of Historic Judgments:
- The Act contradicts the Supreme Court's principle of "once a Waqf, always a Waqf," which asserts the permanence of Waqf properties.
- It breaches the 1954 judgment in Ratilal Panachand Gandhi versus The State of Bombay that prohibits transferring control of religious property to secular authorities.
- Religious and Charitable Nature of Waqf:
- Waqf is seen as a form of charity with Quranic roots and is considered a permanent dedication for purposes recognized by Muslim law.
- Amendment Flaws and Legal Precedents:
- 35 new amendments allegedly defeat the original 1995 Waqf Act's purpose to "better administer" Waqf properties.
- The Supreme Court in K. Nagaraj versus Andhra Pradesh held that amendments nullifying original act objectives could be struck down as "ultra vires or unconstitutional."
Concept of "Waqf by User"
- The 2025 law eliminates "Waqf by User," a concept where properties used for religious purposes over time become Waqf.
- This change mandates a formal deed of dedication, disregarding historical usage.
- A significant portion of Waqfs in India lack a formal deed and exist through "Waqf by User."
Constitutional Violations
- The amendments limit Waqf Tribunal's recognition of historical Waqf properties, violating Article 26, which ensures religious denominations' rights to manage their affairs.
- The removal of "Waqf by User" allows challenges to the status of ancient Waqfs, potentially converting them to private or government property.
- This could lead to numerous legal disputes regarding the nature of longstanding Waqfs.
