(source : ANI) ( Photo Credit : ani)
Supreme Court Upholds Key Changes in Waqf Amendment Act 2025
The Supreme Court of India made a big call on Monday, refusing to pause parts of the new Waqf Amendment Act 2025. This act shakes up how Waqf properties—lands or buildings dedicated for religious or charitable purposes under Islamic law—are managed. The court said scrapping the old "Waqf-by-user" rule doesn’t look arbitrary at first glance.
Let’s break it down. Waqf-by-user meant a property could count as Waqf if people used it for religious or pious reasons over a long time, even without a formal document. The 2025 amendment ditched this idea by removing Section 3(r)(i) from the original 1995 Waqf Act. The court pointed out that lawmakers stepped in because this rule led to encroachments on government lands. "If the government sees a problem and fixes it, that’s not unfair," the bench noted.
Petitioners fighting the change argued it would hurt old Waqf properties without registration papers. But a bench led by Chief Justice BR Gavai and Justice AG Masih pushed back. They highlighted that Waqf registration has been mandatory since the 1923 Waqf Act—over 100 years ago. "If managers (Mutawallis) didn’t register for 102 years, they can’t complain now," the 128-page order explained. The court added that requiring a Waqf deed for new registrations isn’t arbitrary, especially after spotting misuse of Waqf properties.
The judges also refused to halt the rule under Section 36 that demands all Waqfs register properly. This isn’t new; older laws already required it. They even referenced a case where Andhra Pradesh had to fight in court after the State Waqf Board wrongly labeled government lands as Waqf. The top court quashed that notification back then.
On worries about grabbing lands, the bench clarified the changes apply only from the act’s start date—no retroactive effect. So, existing Waqf lands stay safe, and claims of government takeover don’t hold up.
The court also greenlit other provisions. Section 3D voids Waqfs on sites protected as ancient monuments under laws like the 1904 Ancient Monuments Preservation Act or the 1958 Act. No religious rights get violated here, the judges said. Plus, Section 3E blocks Waqf declarations on tribal lands to protect Scheduled Tribes, one of India’s most vulnerable groups.
This interim order came while hearing pleas to stall the Waqf Amendment Act 2025. The bench paused some sections but let these key ones roll forward, aiming to curb misuse while respecting Waqf traditions. As Waqf property disputes heat up across India, this ruling could set the tone for better management and fewer encroachments.
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