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Supreme Court Scrutinises Key Amendments in Waqf (Amendment) Act, 2025
New Delhi: The Supreme Court, during a hearing on a batch of nearly 100 petitions challenging the Waqf (Amendment) Act, 2025, focused on four significant changes in the amended law. A bench led by Chief Justice of India Sanjiv Khanna, along with Justices P.V. Sanjay Kumar and K.V. Viswanathan, raised concerns over the potential implications of these amendments on waqf governance and property recognition.
The concerns revolve around the application of the Act, the classification of government property as waqf, the composition of the Central Waqf Council, and changes to the structure of state waqf boards.
1. Application of the Act – Section 2
The amended Section 2 excludes trusts, including those established by Muslims for religious or charitable purposes, from the scope of the Waqf Act—even if such entities were previously declared waqf by courts. The provision states:
“Nothing in this Act shall… apply to a trust… established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purposes similar to a waqf…”
This effectively overrides past court rulings treating certain Muslim charitable trusts as waqf, repositioning them under the general public charity framework and thereby removing them from waqf regulation.
2. Exclusion of Government Property – Section 3C(1)
The new Section 3C(1) declares that:
“Any government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.”
This prohibits the classification of government-owned land as waqf property, even if such land has been historically used for religious or charitable purposes. The Court flagged this provision for potential conflict with Articles 25 and 26 of the Constitution, which protect religious freedom and the right of religious communities to manage their affairs.
3. Central Waqf Council – Section 9
The amendment to Section 9 introduces a major shift in the composition of the Central Waqf Council. While the 1995 Act mandated a Council composed entirely of Muslims (except for the Union Minister as Chairperson), the 2025 amendment requires:
- Inclusion of at least two non-Muslim members (up to 12 of 22 council members may be non-Muslim).
- Mandatory representation from the Bohra and Aghakhani communities if their waqf properties exist in a given state or UT.
This shift has raised questions regarding the religious character of the body and whether non-Muslim representation might dilute community autonomy in managing waqf properties.
4. Composition of State Waqf Boards – Section 14
The amendment also significantly revises Section 14 on the constitution of state and union territory waqf boards. Key changes include:
- Mandatory inclusion of two non-Muslim members, apart from ex-officio members.
- Inclusion of two women members.
- Representation from the Bohra and Aghakhani communities (if applicable).
- Empowering state governments to nominate members, including non-Muslims, in contrast to the previous system where members were elected from within the Muslim community (MPs, MLAs, bar council members, etc.).
The changes mark a move away from exclusive Muslim representation, raising broader constitutional and communal implications.
The Supreme Court is expected to continue deliberations on these constitutional and statutory issues, as it weighs the potential impact of the amendments on religious freedom, property rights, and community self-governance.
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