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The Supreme Court of India, in a batch of writ petitions led by Writ Petition (Civil) No. 276 of 2025 , examined the constitutional validity of key provisions of the Waqf (Amendment) Act, 2025 . The petitioners argued that several amendments were violative of Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A of the Constitution, while the Union of India defended the law as a necessary reform to address misuse of Waqf provisions. Background of the Case Multiple writ petitions challenged amendments to the Waqf Act, 1995 (renamed as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995). The contentious provisions included Sections 3(r), 3C, 3D, 3E, 9, 14, 23, 36, 104, 107, 108, 108A , among others. The primary challenges were against: Deletion of “Waqf by User” (customary usage-based waqf). Government property exemption (Section 3C). Protected monuments provision (Section 3D). Restrictions on Scheduled Tribe land (Section 3E). Inclusion o...

Centre Argues Waqf Is Charitable, Not an Essential Part of Islam During the ongoing constitutional challenge to the Waqf (Amendment) Act, 2025 , the Central Government on Wednesday submitted to the Supreme Court of India that the concept of Waqf —though rooted in Islamic tradition— does not constitute an essential religious practice under Islam . Appearing for the Union of India, Solicitor General Tushar Mehta addressed a bench comprising Chief Justice of India B.R. Gavai and Justice Augustine George Masih , stating: “Waqf is an Islamic concept. But it is not an essential part of Islam. Waqf is nothing but charity in Islam, and charity exists in every religion.” Waqf Boards Discharge Secular, Not Religious, Functions The Solicitor General emphasized that Waqf Boards perform only secular functions such as: Property management Register maintenance Auditing of accounts He argued that the administration of religious property falls under secular regulatory power...