AUTHOR: ABDUL REHMAN PATEL, B.C.T COLLEGE OF LAW, NEW PANVEL
Abstract
The Waqf Amendment Act, 2025, represents the most significant legislative overhaul of Islamic charitable endowments in India in over a decade. Positioned as a measure to enhance transparency, accountability, and economic utilization of Waqf properties, the Act has sparked a complex debate involving administrative law, community rights, and constitutional principles. This article deconstructs the Act’s key provisions, analyzes the legal milieu from which it emerged, and evaluates its potential socio-legal impact, juxtaposing the government’s stated objectives against the concerns raised by legal experts and community stakeholders.
Introduction & Legislative Intent
A “Waqf” is a permanent, irrevocable dedication of a property for any purpose recognized by Islamic law as pious, religious, or charitable. The Waqf Amendment Act, 2025, amends the Waqf Act, 1995, with the stated legislative intent of streamlining administration, preventing encroachment, and unlocking the economic potential of Waqf lands for the benefit of the Muslim community.
The Act’s Statement of Objects and Reasons cite inefficiencies in the existing system, including protracted litigation, inadequate oversight of Waqf Boards, and the underutilization of vast properties. The government’s narrative is one of modernization and empowerment.
A Dive into the Legal Jargon
The Act introduces several pivotal changes, couched in necessary legal terminology:
Enhanced Powers of the Central Waqf Council (CWC): The Act transforms the CWC from an advisory body to a supervisory one. It now has the authority to issue subordinate legislation (rules and directives) that are binding on state Waqf Boards. This centralization of power is a fundamental shift from the previously federated structure.
Streamlined Dispute Resolution: The Act mandates the establishment of Waqf Tribunals in every state with a strict limitation period for filing suits. It also expands the tribunals’ jurisdiction to include not just questions of title but also matters of lease, license, and eviction, aiming to reduce the burden on civil courts.
Digital Cadastre and GIS Mapping: A nationwide digital inventory of all Waqf properties using Geographic Information System (GIS) technology is mandated. This creates a rebuttable presumption of the property’s status as recorded, shifting the burden of proof onto any party claiming otherwise in a dispute.
Commercial Development & Leases: The Act simplifies the process for Waqf Boards to enter into long-term leases and public-private partnerships (PPPs). However, it introduces a new proviso that leases exceeding 30 years, or involving properties above a specified value, require a “no-objection certificate” from the CWC.
The Case Law Backdrop
The 2025 Act did not emerge in a vacuum; it is a response to a long history of judicial observations.
B. K. Mohammed Rafi vs State of Tamil Nadu (2023): The Supreme Court strongly criticized the mismanagement of Waqf properties, urging the government to enact robust measures for their protection. The government frequently cites this case as the ratio decidendi for the need for reform.
Shri Sajjan Singh vs Rajasthan Waqf Board (2021): This case highlighted the procedural delays in Waqf Tribunals, directly influencing the 2025 Act’s provisions for stricter timelines and expanded jurisdiction.
Constitutional Challenge (Potential): Legal experts anticipate challenges under Article 14 (Right to Equality) and Article 26 (Right of religious denominations to manage their own affairs). The argument will center on whether the enhanced control of the CWC, a government-influenced body, constitutes an unreasonable infringement on the community’s right to self-management.
The Proof
The onus of proof regarding the Act’s success now lies with its implementation.
The Proof For: Proponents argue that the digital cadastre will be a game-changer in preventing encroachment. The streamlined leases will attract credible investors, generating revenue for educational and social welfare schemes within the community.
The Proof Against: Critics point to the potential for bureaucratic overreach. The requirement of a CWC NOC for significant leases is seen as a veto power that could politicize development decisions. Furthermore, the centralization of authority is viewed with suspicion, with concerns that it dilutes the federal structure and could lead to a homogenized interpretation of Waqf law that ignores regional contexts.
Conclusion
The Waqf Amendment Act, 2025, is a well-intentioned but double-edged sword. Its potential to unshackle Waqf properties from decades of neglect and litigation is immense. However, its success is entirely contingent on its execution. The fine line between oversight and overreach, between empowerment and control, will determine whether this Act becomes a landmark of socio-economic justice for the Muslim community or a source of prolonged legal conflict. The ultimate test will be whether the Waqf Boards can leverage these new tools to become self-sufficient engines of community development while retaining their essential character as autonomous religious trusts.
Frequently Asked Questions (FAQ)
Q1: Does this Act allow the government to sell off Waqf properties?
No. The fundamental principle of Waqf being an inalienable and permanent dedication remains untouched. The Act only facilitates leasing and development, not sale.
Q2: As a tenant on a Waqf property, am I now at risk of immediate eviction?
No. The Act does not invalidate existing legal tenancies. However, for disputes or future lease renewals, the new tribunal procedures and lease terms will apply.
Q3: What is the single biggest benefit for the common person?
The potential for increased revenue for Waqf Boards, which by law must be used for charitable, religious, and educational purposes within the community. This could mean better schools, hospitals, and scholarships.
Q4: Who chairs the Central Waqf Council, and how are they appointed?
The Union Minister for Minority Affairs is the ex-officio Chairperson. Other members include MPs, community representatives, and experts, all appointed by the Central Government, which is the core of the centralization debate.
Q5: When will these changes come into effect?
The Act received the President’s assent on [Hypothetical Date]. Various sections will come into force on dates as notified by the Central Government in the Official Gazette, a process that may take several months.
