KKN Gurugram Desk | The Supreme Court of India is currently reviewing the constitutional validity of the Waqf (Amendment) Act, 2025. This legislation has sparked significant debate due to concerns about its impact on religious freedoms and minority rights. The Kerala government has notably filed a petition opposing the Act, highlighting apprehensions within the Muslim community regarding potential discrimination in managing religious affairs.
Article Contents
Key Issues Under Judicial Scrutiny
The Supreme Court’s examination focuses on three primary concerns:
-
Abolition of “Waqf by User”: The Act removes the recognition of properties as waqf based on long-term use without formal documentation. Critics argue this undermines historical practices where properties were considered waqf due to their consistent use for religious purposes.
-
Inclusion of Non-Muslims in Waqf Boards: The amended Act allows non-Muslims to be part of the Central Waqf Council and State Waqf Boards. Opponents contend this could compromise the religious autonomy of these bodies, which traditionally have been managed by Muslims.
-
Collector’s Authority Over Disputed Properties: The Act empowers district collectors to determine whether a property is waqf or government land during disputes. This provision has raised concerns about potential misuse and the bypassing of judicial processes.
Kerala Government’s Opposition
The Kerala government has approached the Supreme Court, expressing concerns that the Waqf (Amendment) Act, 2025, may infringe upon the fundamental rights of Muslims in the state. The state argues that the Act could alter the nature and status of waqf properties, thereby denying the Muslim community their constitutional rights under Article 25, which guarantees the freedom to manage religious affairs.
Supreme Court’s Stance
Chief Justice of India BR Gavai emphasized the principle that laws passed by Parliament are presumed constitutional. He stated that the judiciary would not interfere unless a “very strong case” is presented. This underscores the court’s cautious approach in reviewing legislation and its reluctance to issue interim orders without substantial justification.
Petitioners’ Arguments
Senior Advocate Kapil Sibal, representing the petitioners, argued that the Waqf (Amendment) Act, 2025, violates constitutional rights by:
-
Allowing government authorities to unilaterally determine the status of waqf properties without judicial oversight.
-
Requiring individuals to be practicing Muslims for at least five years before they can declare a waqf, which could exclude recent converts.
-
Potentially reclassifying waqf properties as government land during disputes, thereby stripping them of their religious significance.
Government’s Position
Solicitor General Tushar Mehta, representing the Union government, requested the Supreme Court to limit the hearing to the three core issues identified. He argued that the Act aims to bring transparency and efficiency to the management of waqf properties and that the inclusion of non-Muslims in waqf boards is intended to ensure broader representation.
Broader Implications
The outcome of this case holds significant implications for the management of waqf properties across India. With waqf assets estimated to be worth over ₹1.2 lakh crore, the Act’s provisions could affect numerous religious and charitable institutions. The case also touches upon broader themes of religious freedom, minority rights, and the extent of state intervention in religious affairs.
As the Supreme Court deliberates on the Waqf (Amendment) Act, 2025, the nation watches closely. The court’s decision will not only determine the future of waqf property management but also set a precedent for how religious rights are balanced with legislative reforms in a diverse and secular nation.
