Overview of the Supreme Court Hearing on Waqf Law's Constitutionality
On May 5, 2025, the Supreme Court led by Chief Justice Sanjiv Khanna will review petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025. The Union government's response to these petitions highlights several points of contention regarding waqf land management and legislative amendments.
Key Issues Raised by the Union Government
- Increase in Waqf Lands
- Between 2013 and 2024, there was a 116% increase in waqf lands, which was considered unprecedented.
- The total waqf land area expanded from 18,29,163.896 acres before 2013 to an additional 20,92,072.536 acres, totaling 39,21,236.459 acres.
- Amendments in Waqf Law
- The 2025 amendments removed the concept of ‘waqf-by-user’, requiring registration as of April 8, 2025.
- The amendments aim to prevent misuse and unregistered land dealings.
- Inclusion of Non-Muslims
- Permits a minority of non-Muslims in the Central Waqf Council and State Waqf Boards.
- Of 22 Council members, four can be non-Muslims; three in 11 members of State Boards can be non-Muslims.
Government's Justifications
- Modernization of Waqf Systems
- The inclusion of non-Muslims is seen as a step towards modernizing waqf administration.
- The government emphasizes secular management over religious functions in waqf administration.
- Regulation of Endowments
- Article 26 does not provide absolute rights for religious administration of properties.
- Waqf management is considered a secular activity that the state can regulate.
- Prevention of Land Grabbing
- The Act aims to address instances where Waqf Boards claimed government land without proper documentation.
The document reflects the government's stance on regulating waqf properties to prevent misuse and modernize their administration, asserting that these changes respect religious practices while focusing on secular governance.
