What are the 3 key aspects of Waqf Act that Supreme Court has flagged
The Supreme Court has flagged three key aspects of the newly enacted Waqf (Amendment) Act, 2025, raising serious concerns about their implications:
Status of “Waqf by User” Properties
The Act abolishes the concept of “waqf-by-user,” which refers to land used for Muslim religious or charitable purposes for a long time and deemed waqf even if not registered. The Court highlighted that denotifying such properties could have huge consequences, as many waqf properties recognized by earlier court rulings may lose their status. The Court acknowledged the difficulty in registering waqf-by-user properties and noted the ambiguity and potential injustice in removing this concept, which has been historically recognized and judicially upheld.
Representation of Non-Muslims on Waqf Boards and Council
The new law provides for a majority presence of non-Muslim members in the Central Waqf Council and Waqf Boards, which traditionally consisted mainly of Muslims. The Court expressed concern over this provision, suggesting that all members of Waqf Boards and the Central Waqf Council, except ex-officio members, should be Muslims, to respect the religious nature of waqf management.
Powers of the Collector Regarding Disputed Waqf Properties
The Act empowers a government officer above the rank of Collector to inquire and determine whether a disputed waqf property is actually government land. During this inquiry, the property cannot be treated as waqf. The Court questioned the fairness and rationale of this provision, especially since the term “in dispute” is vague and the inquiry could unjustly affect waqf properties even before a decision is made. The Court suggested that this proviso should not be enforced pending further hearing.
The Supreme Court is considering passing an interim order to balance equities by protecting properties already declared as waqf by courts from being denotified, suspending the application of the proviso that bars waqf status during Collector inquiries, and ensuring that the Waqf Boards and Council members (except ex-officio) are Muslims.
These concerns stem from petitions challenging the constitutional validity of the Act, arguing that it violates Articles 25 and 26 of the Constitution, which guarantee religious freedoms and the right of religious denominations to manage their own affairs.
