Author : Gauri Aggarwal, a student at Symbiosis Law School, Pune
To The Point
The Waqf (Amendment) Act, 2025 brings major changes to how waqf properties—religious and charitable endowments under Islamic law—are managed in India. After long discussions in both Houses of Parliament, the law was passed with the goal of improving transparency, digital management, and accountability in the system. However, it has led to strong political and constitutional debates.
Some key changes include ending the concept of “waqf by user” for future cases, giving the government more control through a central digital platform, adding non-Muslim members to Waqf Boards, and making audits and registration rules stricter. The Act also sets new rules about who can create a waqf and gives District Collectors the power to review claims involving government land.
While the government says the law will help stop misuse, illegal occupation, and poor record-keeping of waqf lands, many critics disagree. They believe it interferes with religious freedom, especially the rights given under Articles 25 and 26 of the Constitution. Opposition parties say it reduces the Muslim community’s control over its own religious trusts and increases government interference in faith-based matters.
Over 65 petitions have been filed in the Supreme Court by members of Parliament, religious groups, and civil rights organisations. They argue the law violates fundamental rights, especially the right to manage religious places and property. The Court has stopped the government from taking some steps under the new law until the case is fully heard. It is now reviewing whether the law fits within the principles of minority rights, federalism, and secular governance.
This new law and the legal fight around it are now central to India’s ongoing debate about religious freedom, government authority, and the protection of minority communities.
Abstract
The Waqf (Amendment) Act, 2025, represents a landmark reform in India’s legal regime for managing Islamic charitable endowments. It amends the Waqf Act, 1995, with the stated objective of improving efficiency, ensuring digital accountability, and curbing mismanagement of waqf assets. Among its most debated provisions are the abolition of “waqf by user” for future dedications, the inclusion of non-Muslim members in Waqf Boards, stricter audit obligations, and the requirement for digital registration of all waqf properties. The legislation also empowers government officers to scrutinize property titles and applies the Limitation Act, 1963, to waqf disputes, thereby limiting indefinite land claims.
While the Union government defends the Act as a tool for modernization and transparency, critics argue that it infringes on religious freedom, violates the secular fabric of the Constitution, and disproportionately targets the Muslim community. The Act’s legal validity is now under the scanner of the Supreme Court, where a consolidated constitutional challenge has been mounted by politicians, civil society groups, and religious leaders.
Keywords: Waqf Amendment 2025, religious endowments, minority rights, Article 26, secularism, constitutional validity, waqf by user, judicial review, state interference, digital land records, religious autonomy, Limitation Act.
Use of Legal Jargon
The Waqf (Amendment) Act, 2025, reflects a significant instance of legislative rationalisation aimed at ensuring better regulatory oversight and institutional accountability in the management of religious endowments. Far from infringing constitutional freedoms, the Act seeks to bring Waqf governance in line with contemporary standards of transparency and good faith administration, a core tenet of administrative law. By introducing structural reforms such as digital registration, independent audits, and time-bound disclosures, the law invokes the doctrine of proportionality, balancing the rights of religious communities with the legitimate interest of the state in curbing mismanagement and unlawful occupation of public or private land.
The prospective removal of waqf by user aligns with the principle of legal certainty, preventing ambiguous claims based on informal or undocumented practices. Moreover, introducing eligibility conditions for creating a Waqf—such as a minimum duration of religious practice—ensures that the institution of Waqf is not misused for transient or fictitious dedications, reinforcing the bona fide use requirement under trust and endowment jurisprudence.
The inclusion of non-Muslim members on Waqf Boards, while controversial, may be constitutionally justifiable under the doctrine of reasonable classification (Article 14), as it seeks to encourage secular and inclusive oversight while retaining Muslim majority control. The reform does not erode Articles 25 and 26, but rather strengthens them by preventing fraud, ensuring that religious autonomy is exercised responsibly and within the bounds of public order, morality, and health, as allowed under the Constitution.
The Act’s emphasis on audit reforms and record management introduces a fiduciary standard of care upon Mutawallis and Board officials, improving legal compliance. Provisions empowering District Collectors to examine overlapping land claims are grounded in executive competence and do not preclude eventual judicial review, preserving the principle of checks and balances. Finally, the repeal of the Mussalman Wakf Act, 1923, reflects the principle of legislative redundancy, helping modernise the statutory framework and eliminate overlaps.
Taken together, the legal constructs embedded in the 2025 Amendment reflect a sincere attempt to harmonise religious freedom with regulatory discipline, fulfilling the state’s positive obligation to safeguard endowment property from encroachment, abuse, or elite capture.
Proof
The Waqf (Amendment) Act, 2025, is grounded in concrete administrative challenges that have plagued the management of waqf properties for decades. Official records from the Ministry of Minority Affairs, responses in Parliament, and audit findings from the Comptroller and Auditor General (CAG) have repeatedly highlighted critical gaps: over 6 lakh waqf properties across India, but thousands are unregistered, poorly surveyed, or entangled in disputes due to ambiguous documentation and lack of oversight. Surveys mandated under the Waqf Act, 1995, were either delayed or never initiated in states like Gujarat, Uttarakhand, and parts of Uttar Pradesh—hampering any meaningful regulation.
Furthermore, concerns around fraudulent registrations, misuse of Section 40 to declare private land as waqf without proper verification, and non-transparent transactions by mutawallis have been substantiated by multiple public complaints and court disputes. In states where the Waqf Boards were politically influenced or inadequately staffed, there was little accountability for financial misappropriation, unauthorized leasing of land, and irregularities in rent collection. The absence of a centralized digital record system only deepened the opacity and bred litigation.
By introducing digitised records, stricter audit mandates for waqf institutions earning over ₹1 lakh, and compulsory disclosures on a national portal, the Act responds directly to these deficiencies. The move to empower district authorities to verify land claims involving government property and the removal of unchecked discretionary powers under Section 40 demonstrate a shift toward administrative rationality and legal clarity. These provisions, when viewed in light of the structural problems documented over the years, serve as empirical justification for legislative intervention.
The combination of data gaps, poor governance, and community grievances gave rise to the pressing need for reform. The Amendment Act aims not to diminish religious freedom, but to restore credibility, eliminate fraud, and ensure that waqf resources actually reach the communities they were intended to serve—especially the economically vulnerable among Muslims.
Case Laws
All India Shia Sunni Waqf Board v. State of West Bengal (Pending)
Petitions filed before the Supreme Court allege systemic irregularities—such as conflicts of interest and opaque transactions—within State Waqf Boards. The ongoing litigation underscores the need for the central reforms introduced by the 2025 Act to restore public confidence and legal clarity in waqf governance.
Legal Challenges to the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 has sparked a wave of constitutional and legal scrutiny, with over 65 petitions filed before the Supreme Court challenging its validity. The core legal challenges raised in these petitions are as follows:
- Infringement of Articles 25 and 26 – Right to Religious Freedom
According to the petitioners, the legislation encroaches upon the constitutional rights of the Muslim community to independently manage their religious matters and associated properties. They raise concerns over the deletion of the concept of “waqf by user” and the proposed inclusion of individuals from non-Muslim backgrounds in waqf boards, asserting that such measures amount to undue state intervention in matters protected by Article 25, which ensures the freedom to profess, practice, and propagate religion, and Article 26, which secures the right of religious denominations to manage their own religious affairs. - Violation of Articles 29 and 30 – Protection of Minority and Cultural Rights
Critics of the Act argue that it imposes disproportionate controls specifically on Muslim religious endowments, while not subjecting similar institutions of other communities to equivalent oversight. This selective regulation, they claim, infringes upon the cultural and educational rights guaranteed to minorities under Articles 29 and 30 of the Constitution, thereby amounting to unequal treatment and potential discrimination. - Federalism Concerns – Erosion of State Powers
Opposition leaders and civil society actors contend that the expanded role of the Union Government through centralized digital portals and the power to oversee waqf property management amounts to an overreach into State List matters under the Seventh Schedule, particularly “charities and charitable institutions,” thereby disturbing the federal balance. - Lack of Judicial Review of Tribunal Decisions
One of the longstanding criticisms of the Waqf Act, which remains unaddressed by the 2025 Amendment, is that decisions of waqf tribunals are not appealable to higher courts. This limitation on judicial review is being challenged as violative of the basic structure of the Constitution, especially the right to access justice. - Retrospective Curtailment of Property Rights
Opponents of the Act contend that by eliminating the recognition of “waqf by user,” the law could retroactively alter the legal character of properties that have historically been treated and administered as waqf. This may open the door to fresh legal conflicts and undermine existing rights that have already vested, thereby destabilizing long-settled property arrangements.This raises concerns under Article 300A, which protects the right to property.
Conclusion
The Waqf (Amendment) Act, 2025 has sparked debate for potentially overstepping into religious and minority rights, despite being framed as a move toward greater transparency and regulation. Positioned by the government as a measure to modernize administration, curb misuse, and ensure transparency, the law introduces digital record-keeping, structural changes in waqf boards, and tighter audit mechanisms. While it seeks to streamline waqf property management and prevent exploitation, the Act has also invited significant legal and political pushback for its perceived impact on religious autonomy and federal balance.
The unfolding constitutional challenge before the Supreme Court will be a decisive moment in determining how the state can regulate religious endowments within the framework of the Constitution. The outcome will not only affect the Muslim community but will also set precedents for the regulation of other religious and charitable trusts across the country. As India continues to navigate the complex terrain of religious freedom, minority rights, and administrative reform, the Waqf (Amendment) Act, 2025 stands as both a test and a turning point.
Frequently Asked Questions (FAQs)
Q1: What is Waqf?
Waqf is a permanent endowment of movable or immovable property made under Islamic law for religious, charitable, or social purposes. Once declared, the property becomes inalienable—it cannot be sold, transferred, or inherited. The income generated is typically used to maintain mosques, support education, aid the poor, or fund other welfare activities.
Q2: What is the main objective of the Waqf (Amendment) Act, 2025?
The Act aims to enhance transparency, accountability, and efficiency in the management of waqf properties by introducing digital platforms, audit mechanisms, and structural reforms in waqf boards.
Q3: What does the removal of “waqf by user” mean?
The concept of “waqf by user” allowed properties used for religious purposes over time to be considered waqf. The new law abolishes this for future waqfs, requiring formal dedication and registration.
Q4: Are non-Muslims now part of the waqf boards?
Yes, the Act allows up to 2 non-Muslim members in both the Central and State Waqf Boards, aimed at promoting inclusivity and broader oversight.
Q5: Does the Act impact the ownership of existing waqf properties?
No existing waqf properties will be denotified unless found to be government land or disputed. The law focuses more on regulating future declarations and improving management.
Q6: What changes have been made to the registration of waqf properties?
Mutawallis (caretakers) must now register property details through a central portal within six
