Supreme Court Stays Key Clauses of Waqf (Amendment) Act, 2025

1. What is Waqf?

• Waqf is a permanent dedication of property (movable/immovable) by a Muslim individual for religious, pious, or charitable purposes recognized under Islamic law. Once made, this dedication is irrevocable.
• The Waqf property becomes inalienable — it cannot be sold, gifted, or inherited by heirs, as it is considered God’s property meant for community benefit.
•  Waqf assets fund institutions like mosques, madrasas, graveyards, orphanages, and can also support welfare activities such as education, healthcare, and relief for the poor in their community.

2. Historical Background of Waqf

• Medieval India: Waqf flourished during the Delhi Sultanate and Mughal period, as the rulers and nobles used to dedicate large properties for mosques, education, and public charities. The main purpose was to keep Islamic society integrated in India.
• Colonial Period: The British often interfered in Waqf management . In 1894, the Privy Council questioned the validity of “family Waqfs,” and it led to confusion and litigation.
• Waqf Validating Act, 1913: This Act restored the legality of family Waqfs so colonial legislation altered the character of religious endowments.
• Post-Independence: After Independence, Waqf was retained as part of India’s plural legal system and recognized under secular law, but continued to be managed according to Islamic charitable principles since then.

3. Waqf Administration in India after Independence

• Waqf Act, 1954: This first central legislation created Waqf Boards to register and supervise Waqf properties, but it was weakly enforced hence faced criticism.
• Waqf Act, 1995: This modified Waqf act strengthened the system by establishing the Central Waqf Council (CWC) and State Waqf Boards and made the surveys of Waqf property compulsory.
• Tribunals: Waqf Tribunals were set up to deal with disputes quickly, but still most of the  cases still often go to regular courts due to lack of capacity.

4. Scale of Waqf in India

• India has around 8 lakh registered Waqf properties which makes Waqf the third-largest landholder in the country after the Indian Railways and Defence.
• These properties include not only religious sites but also commercial complexes, farmland and residential areas which gives them enormous economic potential.
• However, despite this vast scale, the income generated from Waqf is disproportionately low majorly due to  mismanagement and encroachment issues.

5. Problems in Waqf Management

• Encroachment: A large number of Waqf properties are illegally occupied which highly reduces the benefits available for the intended charitable purposes.
• Mismanagement & Corruption: Waqf Boards are often accused of lack of transparency, misuse of funds and inefficiency in managing assets.
• Poor Documentation: Many properties lack proper govt records or digital mapping which leads to overlapping claims and difficulty in proving ownership.
• Judicial Burden: Thousands of Waqf disputes are stuck in courts due to which there are substantial delays in the use of land and resources for community development.
• Political Influence: The appointments of officials to Waqf Boards are frequently politicized with emphasis on loyalty rather than expertise and highly weakens the professionalism in management.

6. The 2025 Waqf Amendment & Controversy

• The Waqf (Amendment) Act, 2025 was introduced to strengthen its proper regulation  but it added clauses which seemed as discriminatory.
• The most controversial provision was the five-year practice rule which  required a person to prove that they had practiced Islam for at least five years before they could dedicate property as Waqf.
• The Critics argued that this was vague, difficult to implement and violated the principle of religious freedom by excluding new converts and minorities.
• The Supreme Court stayed this clause, observing that it appears prima facie unconstitutional though other reforms in the law remain in force.

7. Constitutional & Governance Angle for Waqf

• Article 14 (Equality before Law): it imposes a five-year condition that creates an arbitrary classification within the same religious community, violating equality.
• Article 25 (Freedom of Religion): This is the right to profess and practice one’s religion includes the freedom to dedicate property for religious or charitable causes; restricting this undermines the right.
• Article 26 (Rights of Religious Denominations): The Religious communities have the right to manage their own institutions so this kind of excessive state restrictions clash with this autonomy.
• Doctrine of Secularism: While the state can regulate religious institutions for transparency and accountability, it cannot impose conditions that discriminate or interfere with their core religious practices.

8. Comparative Insight with other religions

• Other religious institutions in India (like Hindu temples, Sikh Gurudwaras, and Christian trusts & Churches) are also regulated by State laws and it reflects India’s model of “positive secularism” where the State intervenes to ensure accountability.
• However, unlike the Waqf Amendment, most of these laws do not impose conditions on religious belief or practice as a qualification for managing or donating property.

9. Way Forward

• Digitisation & Survey: The Govt should Conduct a nationwide digital mapping of Waqf properties to reduce disputes and ensure transparency in ownership and usage.
• Professional Management: The govt should Appoint qualified professionals and experts in law, finance, and administration to Waqf Boards, reducing political interference.
• Judicial Reforms: Waqf Tribunals should be  Strengthened with more judges and infrastructure so disputes are resolved swiftly without clogging regular courts.
• Community Participation: Local communities should be Involved in decision-making and ensure regular social audits of Waqf finances for accountability.
• Constitutional Safeguards: Any amendment to the law should respect equality, secularism, and religious freedom, avoiding provisions that appear exclusionary or discriminatory.

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