Supreme Court and the Waqf (Amendment) Act, 2025

The recent amendments to the Waqf Act have sparked significant controversy, as they expand government control over waqf properties at the expense of Muslim community autonomy. The Supreme Court of India is currently examining these issues.

Key Issues Raised by the Supreme Court

• The Court has recorded the Centre's assurance that waqf properties will not be de-notified and no appointments will be made to Waqf councils and boards under the new provisions until at least May 5.
• Concerns over the discontinuation of the category of waqf by user, making non-Muslims eligible for council/board appointments, and empowering the state to unilaterally control waqf properties during disputes.
• The potential for the new law to challenge the legal status of many Muslim sites established before modern land registration laws.

Legal Challenges

• Approximately 100 petitions have been filed challenging the new law's constitutionality.
• Key legal questions include: 
  • Does restricting waqf to individuals who have practiced Islam for at least five years violate religious freedom rights?
  • Are changes to exclude waqf by user discriminatory?
  • Does including non-Muslim members in Waqf councils/boards violate Article 26, which ensures religious groups the right to manage their own religious and charitable institutions?

Amendments' Objectives and Concerns

• While the amendments promote inclusivity and transparency, there are concerns about their impact on the religious character of waqfs.
• Critics argue that the Muslim community was not adequately consulted on these changes.

Implications for India

The Supreme Court's decision will have significant implications for the character of India as a secular and pluralist nation, affecting how religious and community properties are managed.