SC on Waqf Amendment Act 2025

Context

The Waqf Amendment Act 2025, which balances state control with minority rights, has been upheld by the Supreme Court, although it has also struck down some of its provisions.

Significant Changes Made by the Waqf Amendment Act of 2025

• The Central Waqf Council is made up of the Union Minister who is responsible for Waqf as its ex officio chair.
• Council members are:
  • • MPs, or members of parliament.
    • Individuals who are well-known throughout the country.
    • Supreme Court/High Court judges who have retired.
    • Renowned authorities in Muslim law.
    • Removes the condition that members of parliament, former judges, and notable individuals must be Muslims.
    • The Council must have two members who are not Muslims.
• Composition of Waqf Boards is as follows:
  • • Gives state administrations the power to select one representative from each category.
    • Two members must not be Muslims.
    • Must have at least one member from each of the Shia, Sunni, and Backward Muslim social groups.
    • Needs two Muslim women members.
• Tribunal Composition:
  • • Removes the authority in Islamic law.
    • The judge of the District Court (Chairman).
    • Officer of the Joint Secretary Rank.
• Applications Against Tribunal Orders:
  • • Act: Tribunal decisions are binding, and no appeals are permitted in court.
    • The amendment permits appeals against Tribunal judgments to be filed with the High Court within 90 days.
• Survey of Properties: The District Collector or other senior officials take the Survey Commissioner’s place under the Act’s provisions to oversee the survey of Waqf properties.
• Government property as waqf: It specifies that any government property designated as waqf would no longer be considered as such.
  • • If ownership is unclear, the Collector of the region will make the decision; if it is considered government property, he will amend the revenue records.
• Audits: State-sponsored auditors will audit Waqf organizations with income exceeding ₹1 lakh.
• Centralized Portal: To improve transparency and efficiency, a central portal will be built to automate the management of Waqf assets.
• Property Dedication: By dedicating property to the Waqf, practicing Muslims (for at least five years) are able to revive the regulations that existed prior to 2013.
• Women’s Inheritance: With particular considerations for widows, divorced women, and orphans, women must receive inheritance before the Waqf statement.

Key changes Incorporated into the Act

• Islam in practice: The most notable intervention by the Court pertains to Section 3(r), which mandates that anyone establishing a waqf must prove that they have been adhering to Islam for a minimum of five years.
  • • The provision was put on hold by the court until the government establishes regulations for establishing religious practice.
• District Collector’s Authority Over Waqf Properties: According to Section 3C, the District Collectors are responsible for deciding if assets said to be waqf are actually government-owned.
  • • The court’s judgment stated that the law permitting waqf status to be revoked prior to the conclusion of the investigation was “prima facie arbitrary” and remained in place.
    • Ordered that waqf assets not be evicted or changed until after the Waqf Tribunal makes a final ruling and any following appeals.
• Representation in Waqf Administration: According to its revised law, there may be up to 12 non-Muslims on the Central Waqf Council (22 members) and 7 non-Muslims on state boards (11 members).
  • • This has been limited by the Court to three (State) and four (Central).
    • The heads of Waqf Boards should, to the extent that it is practicable, be Muslims (not essential).
    • In religious issues, this balance prioritized transparency and inclusivity over minority autonomy.
• Deletion of “Waqf by User”: Earlier legislation permitted the declaration of property as waqf on the basis of prolonged religious usage alone, without the need for official paperwork.
• Court’s decision: It maintained deletion, but made it clear that the change is only prospective—that is, that it does not affect waqf-by-user properties that were registered before April 8, 2025.
• Protected Monuments: The court refused to intervene with legislation that stipulates that the waqf status of property belonging to Scheduled Tribes or protected monuments is invalid.

Conclusion

• Unless a court overturns it, a regulation enacted by Parliament is assumed to be constitutional.
• Although SC declined to halt the Waqf Act, it did halt some clauses “to protect the interest of all parties and balance equities during pendency”.

Source: The Hindu

Mains PYQ

Q. How is the Indian concept of secularism different from the western model of secularism? Discuss. (2018)

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