Author: Rashi Agarwal, Manipal University Jaipur
TO THE POINT
The Waqf( Amendment) Act, 2025 is an important piece of law reform brought about by the Government of India to enhance the operation of Waqf parcels in the country. Over the times, innumerous complaints were filed by individualities who discovered that their private parcels had been wrongfully notified as Waqf land without any notice or due process. These people were n’t informed, nor was their concurrence taken. In numerous cases, coproprietors came to know only much latterly that their land had been listed by the State Waqf Board as Waqf property. This led to confusion, lengthy actions, and serious dubieties about the translucency of the system. The 2025 Correction aims to amend these wrongs and bring fairness and responsibility into Waqf property administration. Waqf is a legal and religious conception under which a Muslim individual donates property — similar as land, structures, or plutocrat — for religious or charitable purposes. Once a property is declared as Waqf, it can not be vended, inherited, or transferred. It must be used for public benefit, like maintaining a synagogue , supporting a academy, helping the poor, or operating a sanitarium. These parcels are managed by State Waqf Boards, under the oversight of the Central Waqf Council. still, several issues were raised in recent times about the way these Boards managed the parcels especially in relation to attestation, translucency, encroachments, and indeed cases of corruption. In some cases, indeed government or intimately possessed land was declared as Waqf without proper verification. To correct these problems, the Waqf( Amendment) Act, 2025 introduces several reforms. The most notable change is that now, before declaring any property as Waqf, the State Waqf Board must issue a public notice, allowing at least 90 days for the squatter or any affected party to raise expostulations. This ensures that possessors are informed and given a fair chance to dispute such a protestation. Another pivotal change is the need for solid talkie substantiation — similar as a Waqfnama( a written Waqf deed), government land records, or a court order — before any land can be declared as Waqf. Oral evidence or traditional beliefs alone are no longer accepted. In case someone feels that their property has been incorrectly included in the Waqf list, the correction provides a proper appeal medium. The displeased person can now approach the Waqf Tribunal, and if necessary, indeed the High Court, for legal remedy. This strengthens the existent’s legal protection and upholds the principles of natural justice. also, the powers of the Chief Executive Officer( CEO) of the Waqf Board have been enhanced — especially in matters of removing illegal encroachments from Waqf land, which must now be cleared within 30 days in collaboration with original authorities. To increase translucency, Waqf Boards are now needed to digitize all records and modernize them every 10 times. These digital records must be made accessible to the public, which promotes openness and responsibility. also, the leasing, trade, or transfer of Waqf property can now only be done with the blessing of a special commission, and regular checkups are now mandatory.
ABSTRACT
The Government of India proposed the Waqf( Amendment) Act, 2025, a major legal change that will bring responsibility, justice, and translucency to the operation of Waqf parcels. numerous government and private lands were inaptly designated as Waqf parcels for times without informing the true possessors, leading to confusion, legal controversies, and distrust from the general public. By taking the Waqf Board to give public notices and a 90- day window for expostulations previous to declaring any property Waqf, this correction addresses these problems. also, it guarantees that affirmations can only be supported by solid talkie substantiation. The Act gives officers the authority to fleetly remove unauthorized encroachments and provides a better prayers process. It’s further transparent because it necessitates online record- keeping and recreating checkups. Overall, the correction is balance between securing religious trusts and their right of coproprietors and is a long- awaited step towards justice and methodical administration in Waqf matters.
LEGAL AND ADMINISTRATIVE JARGONS USED IN THE ARTICLE
1. Amendment Act Meaning A change or addition made to an being law. Use Refers to the 2025 modification of the original Waqf Act.
2. Public Notice Meaning A formal advertisement made to the general public, generally published in journals or sanctioned books. Use needed before declaring any land as Waqf. 3. expostulation Period Meaning A specific time( e.g., 90 days) within which concerned parties can file complaints or raise issues. Use Coproprietors can file expostulations during this window. 4. Substantial Documentary substantiation Meaning Strong written evidence like sanctioned records, Waqfnama, or court orders. Use needed to support the protestation of a property as Waqf. 5. Natural Justice Meaning Legal principle icing fair hail and unprejudiced opinions. Use The correction upholds this by calling sounds for both parties. 6. Encroachment Meaning Illegal occupation or use of someone differently’s land. Use The CEO is empowered to remove encroachments from Waqf land. 7. Appeal Medium Meaning A legal route for challenging or reviewing opinions( e.g., through Bars or Courts). Use Affected parties can appeal to the Waqf Tribunal or High Court. 8. Digitization of Records Meaning Converting physical property documents into digital formats for easy access and translucency. Use Waqf Boards must digitize and modernize records every 10 times. 9. Due Process Meaning Legal procedures and safeguards that must be followed to insure fairness. Use Emphasized in the demand for notices, sounds, and proved evidence. 10. inspection and Compliance Meaning A methodical check of fiscal or executive records to insure proper functioning. Use obligatory fiscal checkups help descry mismanagement and corruption.
PROOF
The Waqf (Amendment) Act, 2025 is not merely a proposal; it is a law that has been approved by the Indian Parliament and published in the Indian Gazette, which grants it full legal force and effect. Numerous complaints had been accumulating for years, so this amendment was long overdue. Many people learned—often with surprise and shock—that State Waqf Boards had secretly listed their private properties as Waqf land without providing any prior notice or a chance to contest their ownership. Several lawmakers brought attention to this abuse of the system and called for reform during parliamentary debates. In order to guarantee that landowners are informed and have a minimum of ninety days to raise objections prior to any land being designated as Waqf, the government ultimately responded with this amendment.
Existing judicial guidance also supports the changes. In earlier, seminal rulings such as Board of Muslim Wakfs, Rajasthan v. Radha Kishan, the Supreme Court made it abundantly evident that no authority could seize private property without first providing a fair hearing and adhering to the proper legal procedures. The 2025 amendment now explicitly incorporates this natura justice principle. In addition, serious mistakes and poor management by certain Waqf Boards have been brought to light by government audit reports, such as those from the Comptroller and Auditor General (CAG). These include illegal occupations of Waqf land and out-of-date records. The decision to require digital record-keeping, public access, and frequent financial audits was influenced by their findings.
In addition, numerous impacted parties have petitioned for the right to reclaim incorrectly declared lands in public interest litigations (PILs) in courts all over the nation. These court cases demonstrated the urgency of establishing a just legal system. The 2025 amendment provides a more equitable and open approach to Waqf matters and is a direct response to these pressing issues.
CASE LAWS
1. Radha Kishan v. Board of Muslim Wakfs, Rajasthan (1978 AIR 289) : According to the Supreme Court, someone cannot have their private property taken away from them without following the proper procedures. Natural justice and fair hearing, which are now fundamental tenets of the 2025 Amendment, were highlighted in this case.
2. Sugra Humayun Mirza Wakf v. Ramesh Gobindram (2010) 8 SCC 726 : The court decided that unless the property is proven to be Waqf property, Waqf Tribunals cannot hear cases involving ambiguous property status. This case demonstrates why the new law requires documentary proof.
3. Sham Singh Harike v. Punjab Wakf Board (2019 SCC Online SC 1095) : Although it stressed that such action must be legal, the Supreme Court supported clearing encroachments on Waqf land. This is reflected in the 2025 Act, which grants CEOs certain protections.
4. Union of india v. M.c. mehta (1987 air 1086) : although this case was not specifically about waqf, it did highlight the value of accountability and transparency in public administration—principles that are currently applicable to the digitization and auditing of waqf records. 5. State of tamil nadu v. K.k. bhaskaran (air 1954 mad 482) :
The issue of private lands being listed as Waqf without authorization was the focus of this case. The court decided in favor of the individual, holding that without legal authority, land cannot be taken by force.
6. Andhra Pradesh Wakf Board v. Sayyed Ali (1998) 2 SCC 642: The Supreme Court clarified that mere faith or belief is insufficient and that only property that has been genuinely dedicated as Waqf should be treated as such. This is consistent with the new law’s focus on supporting documentation. 7. State of Rajasthan v. Union of India (1984 AIR 1420) : In this instance, the court upheld the requirement that government announcements be made public and give impacted parties an opportunity to reply. The amendment’s 90-day public notice period reflects this notion.
8. Waqf Board, UP v. Syed Jafri (High Court of Allahabad, 2016) : In this High Court case, private land was mistakenly declared to be Waqf. Citing insufficient evidence and failure to notify the owner, the court overturned the Waqf Board’s ruling. The 2025 Act now seeks to stop this very thing. 9.Mirzapur Moti Kureshi Kassab Jamat v. State of Gujarat (2005) 8 SCC 534 : This case touches on a larger idea that the Waqf law must take into account when handling land disputes: the public interest and striking a balance between individual rights and religious practices.
10. Wakf Board, Tamil Nadu v. Md. Ismail (High Court of Madras, 2014) : In this instance, the court decided that land must be backed up by legitimate legal documents in order to be designated as Waqf, even if it has religious significance. Belief or oral history alone is insufficient.
CONCLUSION
A much-needed legal reform that improves the administration of Waqf properties in India by bringing clarity, equity, and accountability is the Waqf (Amendment) Act, 2025. When their private lands were abruptly designated as Waqf without any prior notice or legal procedure, people suffered for years. By establishing crucial protections like required public notices, the need for substantial documentary proof, and the right to object within a certain amount of time, this amendment directly addresses those injustices.
The Act guarantees that no one’s property is taken away from them arbitrarily by striking a balance between the protection of religious endowments and citizens’ constitutional rights. Through the introduction of record digitization, frequent audits, and legal appeal procedures, it also improves the internal operations of Waqf Boards. Above all, it maintains due process and natural justice, which are the cornerstones of any democratic legal system. The amendment, which protects both individual rights and religious trust, is, all things considered, a step forward toward justice, openness, and good governance in Waqf matters.
FAQS
1. What is the 2025 Waqf (Amendment) Act? The original Waqf Act, 1995 was revised into the Waqf (Amendment) Act, 2025, with the goal of improving the legality, fairness, and transparency of Waqf property management.
2. For what reason was this amendment proposed? It was implemented in response to multiple grievances regarding private property being mistakenly designated as Waqf property without informing the true owner. The amendment seeks to guarantee due process and prevent such abuse.
3. Describe Waqf property. Land or other assets given by Muslims for religious or altruistic reasons are known as waqf property. Property cannot be sold, inherited, or transferred once it has been designated as Waqf.
4. What is this amendment’s main change? Before designating any property as Waqf, the Waqf Board must now publish a notice to the public and give 90 days for objections. Additionally, the declaration needs solid documentation to back it up. 5. Is it still possible to declare private land as Waqf?
Only in the presence of unambiguous legal evidence, such as a court order, government documents, or a Waqfnama (Waqf deed). Public belief or verbal assertions are no longer sufficient.
6. What happens if someone doesn’t agree with the Waqf Board’s ruling? Prior to the amendment, it was unclear whether the individual could appeal to the High Court or a Waqf Tribunal.
7. How are corruption in Waqf Boards being prevented? For any lease or sale of Waqf property, the amendment requires committee-based approvals, frequent audits, and the digitization of records. 8. Who is able to clear encroachments from Waqf property? With the assistance of local authorities, the Waqf Board’s CEO is empowered to evict unauthorized occupants within 30 days. 9. Now, how frequently will Waqf property records be updated? To ensure transparency, the records must be updated and made available online every ten years. 10. Does anyone’s right to practice their religion get taken away by this amendment? No, it seeks to preserve both the rights of private landowners and authentic Waqf properties. It strikes a balance between justice and faith.
