Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Waqf (Amendment) Act, 2025.
Context:
The Supreme Court’s interim order on the Waqf (Amendment) Act, 2025 strikes a balance between state regulation and religious freedom under Article 26.
- Instead of suspending the entire law or upholding it fully, the Court stayed provisions that appeared arbitrary while allowing others to operate.
- This permits governance reforms in Waqf institutions to continue without infringing on fundamental rights or the separation of powers.
Key Takeaways:
Key Highlights of the Supreme Court Order:
- No Stay on Entire Act: The Court noted that stays on entire statutes are granted only in exceptionally rare circumstances due to the presumption of constitutionality.
- This interim decision does not affect the final outcome of challenges to the Act.
- Stayed Provisions: Section 3 (Five-Year Practice Clause): Stayed until states frame rules/mechanisms to verify if a person has practiced Islam for five years, to prevent arbitrary enforcement
- Section 3C Proviso (Executive Adjudication): Stayed the provision that allows district collectors or designated officers to decide if waqf properties encroach on government land, citing violation of separation of powers.
- Non-Muslim Representation: Allowed nomination of non-Muslims to Waqf Boards but capped at no more than 4 in the Central Waqf Council (out of 20) and 3 in State Waqf Boards. Directed states to prefer Muslim Chief Executive Officers for boards, as far as possible.
- Other Observations: No interference with mandatory waqf registration (required since 1995) or “waqf by user” abolition at this stage. The Court noted that unregistered waqfs can still seek registration.
| What is Waqf? Waqf refers to a permanent endowment of movable or immovable property by a Muslim for religious, or charitable purposes, under Islamic law. Key Principles Irrevocability: “Once a waqf, always a waqf,” ensuring endless dedication. Waqf by User: Recognizes properties used for religious purposes over time, even without formal deeds. Management: Overseen by mutawallis (caretakers); in India, regulated by Waqf Boards.India has 8.72 lakh waqf properties spanning over 38 lakh acres, making it the third-largest landowner after the Railways and Armed Forces. |
SC Interim Order on Waqf Law Provisions:
Conclusion:
While acknowledging the government’s intent to curb mismanagement of Waqf properties, the Court has protected religious autonomy from arbitrary intrusion. The final verdict will be crucial in defining the limits of state regulation of religious institutions in India. Moving forward, reforms must focus on transparency, accountability, and inclusivity rather than measures that risk alienating communities, ensuring both good governance and social harmony.
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