KKN Gurugram Desk | In a significant legal development, the Supreme Court of India continued for the third consecutive day to hear petitions challenging the constitutional validity of the Waqf Act, including recent amendments made in 2025.
Article Contents
During Thursday’s hearing, the Central Government strongly opposed granting any interim relief in the matter, asserting that Waqf properties are consecrated in the name of Allah, and once designated as such, cannot be easily taken back or reclaimed.
What Is Waqf?
The term Waqf in Islamic jurisprudence refers to a permanent dedication of movable or immovable property for religious or charitable purposes. Once declared as waqf, the asset is irrevocably transferred to divine ownership — in this context, “Allah” — and must be managed by a Waqf Board or mutawalli (trustee) according to set rules.
This religious and legal construct forms the backbone of hundreds of thousands of properties and endowments in India, covering mosques, dargahs, madrasas, graveyards, and income-generating properties like shops or land.
Central Government’s Argument: “Once Waqf, Always Waqf”
Representing the Union of India, Solicitor General Tushar Mehta informed the Constitution Bench that Waqf properties hold unique religious status and once a property is dedicated to Allah, it exits the realm of individual or state ownership.
Quoting Islamic jurisprudence, Mehta emphasized:
“A property once declared as Waqf is not to be reclaimed. It’s not an asset in the usual legal sense, but a religious endowment beyond material reclamation.”
Hence, the Centre opposed any interim directive that could potentially disturb the existing Waqf designations or hand over temporarily frozen properties.
The Challenge: What the Petitioners Are Arguing
A set of petitions filed by individuals, trusts, and community organizations are challenging various aspects of the Waqf Act, including its latest 2025 amendment. Their arguments include:
Violation of property rights under Article 300A of the Constitution
Denial of judicial remedy, with properties being declared Waqf without proper hearing
Lack of transparency in Waqf Board listings and claims
Religious overreach, where properties unrelated to Islamic rituals are being taken over under the Waqf banner
Senior advocate Kapil Sibal, appearing for the petitioners, submitted that the Waqf system has created an imbalance, particularly in cases where private property or land is designated as Waqf without the consent or even notice to the current owners.
Waqf Act (Amendment) 2025: What’s Controversial?
The Waqf (Amendment) Act 2025 introduced several provisions that have become the center of the constitutional debate:
| Provision | Concern Raised |
|---|---|
| Mandatory registration of all Waqf properties | Seen as excessive state control |
| Power of Waqf Boards to take “suo motu” possession | Allegedly bypasses due legal process |
| Limited judicial review of Waqf Board decisions | Accused of undermining property owners’ rights |
| Inclusion of non-Muslims in Waqf management (optional) | Criticized by religious bodies as “interference” |
While the government argues that these reforms aim at bringing transparency, accountability, and digitization, the petitioners contend that they weaponize the Act for administrative overreach.
Supreme Court’s Observation: High Bar for Interim Relief
The Bench led by Chief Justice B.R. Gavai appeared cautious about granting any interim relief at this stage. Emphasizing the principle of constitutionality, the court noted that:
“Laws enacted by Parliament carry a presumption of validity. Interim relief cannot be granted lightly.”
The Bench added that unless “strong, glaring unconstitutionality” is demonstrated at the initial stage, courts should not interrupt the implementation of a statutory law.
The court, however, assured the petitioners that a thorough constitutional review would be conducted, with future hearing dates scheduled for detailed arguments.
Political and Social Repercussions
The Waqf property issue has historically been contentious, often surfacing in political debates surrounding minority rights, religious autonomy, and property law.
Key reactions:
Minority advocacy groups have raised concerns about the targeting of religious endowments
Property rights organizations have called for a review of how Waqf designations are made and published
Legal scholars see the case as a test of balancing religious freedom with individual property rights
Waqf in India: A Snapshot
Over 8 lakh registered Waqf properties across India
Governed by State Waqf Boards and the Central Waqf Council
Properties range from religious to commercial, contributing to community welfare
Managed under the Waqf Act, 1995 (amended in 2013 and now in 2025)
In many regions, waqf properties are a major source of socio-religious funding, but there have also been frequent allegations of misuse, encroachments, and corruption, triggering the need for regulatory reform.
Key Legal Issues Before the Court
| Legal Question | What’s at Stake |
|---|---|
| Is automatic waqf designation constitutional? | Right to property, due process |
| Can Waqf Boards bypass civil courts? | Judicial independence |
| Does the amendment violate Article 26? | Rights of religious denominations to manage affairs |
| Should non-Muslims be part of Waqf Boards? | Secular management vs. religious autonomy |
The outcome will likely influence how religious property laws evolve in India and may also shape future legislation dealing with other religious trusts and institutions.
What Happens Next?
The Supreme Court has adjourned the hearing for detailed constitutional arguments, expected to resume in the coming weeks. Observers believe that the case may be referred to a larger Constitution Bench, given the interplay of fundamental rights, religious freedom, and property law.
Until then, the existing provisions of the Waqf Act — including the controversial 2025 amendments — remain in force.
Discover more from KKN Live
Subscribe to get the latest posts sent to your email.