Background: Challenges to the Waqf (Amendment) Act, 2025

A batch of petitions was heard by the Supreme Court of India on Tuesday challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Petitioners, including prominent senior advocates, alleged that the amendments are designed not to protect but to capture Waqf properties via a non-judicial mechanism, violating fundamental rights of the Muslim community.

Key Argument: "Non-Judicial Process to Capture Waqf Properties"

Appearing for the petitioners, Senior Advocate Kapil Sibal contended that the amended Act empowers government officers, rather than courts, to decide property disputes related to Waqf land.

He specifically criticized the provision allowing officers above the rank of Collector to adjudicate whether Waqf properties encroach on government land.

According to Sibal, this bypasses judicial safeguards and allows properties to be confiscated before any adjudication, effectively stripping them of their Waqf status.

Principle Under Attack: “Once a Waqf, Always a Waqf”

Sibal argued that the 2025 amendment violates the Islamic legal principle that once a property is declared as Waqf, it remains Waqf permanently. He highlighted that the amended Act allows for automatic nullification of Waqf status in cases of disputes or missing documentation.

"Now such Waqf property shall be void, and once Waqf is void, people will be stopped from going to pray. The right to freely practice religious activity is curtailed," Sibal submitted to the bench.

Religious Freedom Implications

Sibal further contended that the amended law infringes upon Articles 25 and 26 of the Constitution, which guarantee the right to freely profess, practice, and manage religious affairs.

He drew attention to the fact that under earlier laws, non-registration of a Waqf did not affect its validity—only a monetary penalty was levied on the Muttawalli (custodian). Now, non-registration could render the Waqf null and void, barring religious use.

Objection to Inclusion of Non-Muslims in Waqf Bodies

Another key concern raised was the provision allowing nomination of non-Muslims to the Central Waqf Council and State Waqf Boards.

Sibal pointed out the inconsistency, stating that no Hindu religious endowment boards allow members from other religions. He insisted that the creation of Waqf is a religious act, and cannot be treated purely as a secular property transaction.

Supreme Court’s Observations and Contextual Response

In response to Sibal’s argument about loss of religious use, Chief Justice of India D.Y. Chandrachud commented that people still worship at the Khajuraho temples, which are protected ancient monuments. This was seen as a reference to how a property's religious character can remain intact even under government protection.

Additional Petitioners and Senior Advocates Involved

The petitioners were represented by several other senior advocates, including Rajeev Dhawan, Abhishek Manu Singhvi, and CU Singh, who echoed concerns about constitutional violations, discrimination, and curtailment of religious freedoms.

Government's Defence: Regulation of Secular Aspects

The Central Government, represented by Solicitor General Tushar Mehta, submitted that the amendments pertain only to secular administration of properties and do not interfere with religious practices.

In its preliminary affidavit, the Centre maintained that the amendments aim to bring accountability and structure to the Waqf property management system and are not violative of fundamental rights.

Assurance from Centre: Status Quo on Controversial Provisions

The Solicitor General gave an undertaking before the apex court that the three contentious provisions will not be enforced for now:

De-notification of Waqf properties, whether by deed or user.
Nomination of non-Muslims to the Waqf Council and State Boards.
Identification and reclamation of government land listed as Waqf.

BJP-Ruled States Back Amendment

Interestingly, six BJP-ruled states have also filed applications in support of the amendments, arguing that the Waqf system needed reform and transparency.

Legislative Timeline

The Waqf (Amendment) Bill, 2025 was passed in both Houses of Parliament amidst heated debates. It received Presidential assent from President Droupadi Murmu on April 5, 2025, officially becoming law.

This sparked widespread concern among civil society groups and religious leaders, leading to the present litigation.

Constitutional Stand-Off: What Lies Ahead

The Supreme Court bench comprising CJI DY Chandrachud and Justice Augustine George Masih is currently hearing interim relief pleas. The bench has decided to examine the constitutionality of the contested provisions and the broader implications on religious freedoms and property rights.