Challenges to the Waqf (Amendment) Act, 2025: A Legal and Constitutional Analysis

Introduction

The Waqf (Amendment) Act, 2025, has been a subject of intense legal scrutiny and public debate across India. Enacted with the intention to reform the governance of Waqf properties, the Act has faced multiple challenges in the Supreme Court, raising significant questions about religious autonomy, state intervention, and constitutional rights.

Key Provisions of the Waqf (Amendment) Act, 2025

The Act introduces several pivotal changes to the existing Waqf legislation:

• Inclusion of Non-Muslims in Waqf Boards: The amendment mandates that Waqf Boards include at least two non-Muslim members. This provision has been contentious, with critics arguing that it infringes upon the religious autonomy guaranteed under Article 26 of the Indian Constitution.
• Denotification of Waqf Properties: The Act empowers district collectors to denotify properties declared as Waqf by courts, user, or deed. This provision has raised concerns about potential misuse and arbitrary dispossession of properties.
• Finality of Waqf Tribunal Decisions: Decisions made by Waqf Tribunals under the amended Act are final and binding, with no provision for appeals to higher courts. This exclusion of judicial oversight has been criticized for reducing transparency and accountability in Waqf management.

Legal Challenges and Constitutional Concerns

The Waqf (Amendment) Act has been challenged on several constitutional grounds:

• Violation of Religious Autonomy: Petitioners argue that the inclusion of non-Muslims in Waqf Boards and the empowerment of district collectors to denotify Waqf properties infringe upon the right of religious denominations to manage their own affairs, as protected under Article 26(b) of the Constitution.
• Exclusion of Judicial Oversight: The provision making Waqf Tribunal decisions final and binding without the possibility of appeal has been contested for undermining the judicial review mechanism and violating principles of natural justice.
• Discriminatory Provisions: Critics contend that the Act's provisions are discriminatory, as similar requirements for non-religious entities are not imposed on Hindu or Christian religious trusts, thereby violating the secular ethos of the Constitution.

Recent Developments and Supreme Court Proceedings

• The Supreme Court of India has been actively engaged in examining the constitutional validity of the Waqf (Amendment) Act. On May 22, 2025, a two-judge bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih reserved its interim orders on several key issues, including the inclusion of non-Muslims in Waqf Boards and the denotification of Waqf properties. The Court pronounced its interim order on September 14, 2025, addressing the petitions seeking a stay on the implementation of the Act.
• Supreme Court refuses to stay Waqf (Amendment) Act 2025 in its entirety: The Supreme Court of India on September 14, 2025, declined to stay the entire Waqf (Amendment) Act, 2025, noting that presumption is always in favour of the constitutionality of a law passed by the legislature. "It is only in the rarest of rare cases, the court can grant stay of the law challenged. We have found that the case was not made out to stay the entire statute," a Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih observed.

Public Response and Protests

• The Waqf (Amendment) Act has elicited widespread protests across various states. In Telangana, a dispute arose within the Waqf Board following the removal of its CEO under the amended Act. Board member Abdul Fateh Syed Bandagi Bandesh Quadri criticized the government's decision, questioning its legality and urging the immediate appointment of a full-time CEO.
• In Jammu & Kashmir, an FIR was registered following the vandalism of the Ashoka Emblem at the Hazratbal shrine, highlighting the sensitivity surrounding Waqf properties and the potential for communal tensions.

Conclusion

The Waqf (Amendment) Act, 2025, represents a significant shift in the governance of Waqf properties in India. While the government's intent to reform and streamline Waqf management is acknowledged, the Act's provisions have raised serious constitutional and legal concerns. The Supreme Court's interim order on September 14, 2025, was pivotal in determining the immediate course of this legislation and its impact on religious autonomy and governance in India.

References:

1. Supreme Court Observer. (2025). Constitutionality of the Waqf (Amendment) Act, 2025. Retrieved from https://www.scobserver.in/cases/constitutionality-of-the-waqf-amendment-act-2025-asaduddin-owaisi-v-union-of-india/
2. Lexology (2025). Decoding The Waqf Amendment Act, 2025. Retrieved from https://www.lexology.com/library/detail.aspx?g=c326c5e1-57b7-4868-b39e-43911c023128
3. The Soufan Center. (2025). Waqf Amendment Act 2025: A Strategic Move in the Hindu-Muslim Divide. Retrieved from https://thesoufancenter.org/intelbrief-2025-april-17/
4. The News Minute. (2025). The Waqf Act in context: Claims of reform, record of repression. Retrieved from https://www.thenewsminute.com/voices/claims-of-reform-record-of-repression-the-bjp-and-the-waqf-act
5. LiveLaw. (2025). Supreme Court defers pleas against Waqf (Amendment) Act till May 20. Retrieved from https://www.livelaw.in/top-stories/supreme-court-defers-pleas-against-waqf-amendment-act-till-may-20-303832
6. The Economic Times. (2025). Supreme Court to pronounce interim order on Waqf (Amendment) Act on September 15. Retrieved from https://m.economictimes.com/news/india/waqf-amendment-act-2025-sc-to-pronounce-order-on-september-15/articleshow/123870841.cms
7. Times of India. (2025). Telangana Waqf Board member demands appointment of full-time CEO, revocation of GO 67. Retrieved from https://timesofindia.indiatimes.com/city/hyderabad/telangana-waqf-board-member-demands-appointment-of-full-time-ceo-revocation-of-go-67/articleshow/123739170.cms
8. The Economic Times. (2025). Jammu & Kashmir: FIR over Ashoka Emblem damage at Hazratbal shrine. Retrieved from https://m.economictimes.com/news/india/jammu-kashmir-fir-over-ashoka-emblem-damage-at-hazratbal-shrine/articleshow/123738971.cms