Union Minister Kiren Rijiju Welcomes Supreme Court Verdict on Waqf Amendment Act 2025
New Delhi, September 15: Union Minority Affairs Minister Kiren Rijiju has hailed the Supreme Court’s recent judgment on the Waqf (Amendment) Act 2025 as a major boost for protecting and improving waqf properties across India. Speaking to the media in Mumbai, Rijiju said the ruling brings much-needed clarity and keeps the government’s key reforms in place. These changes aim to shield waqf assets from misuse, promote their development, and ensure they benefit the community and the nation through better education, health, and welfare programs.
Rijiju emphasized that the ministry will follow the court’s directions fully. The team plans to work hand-in-hand with State Waqf Boards and the Central Waqf Council to roll out reforms in a transparent way that respects the Constitution. "This verdict reaffirms the 2025 Waqf reforms," he added. "The Act stays fully operational, with strong legal safeguards against anyone trying to grab waqf lands. Digitization, transparency, and property development will move forward without delays."
How the Supreme Court Backed the Waqf Reforms
The minister pointed out that the Union of India’s affidavit highlighted how Parliament carefully crafted these reforms after discussions with a Joint Parliamentary Committee. The court refused to halt the entire law, sticking to the principle that acts passed by Parliament are presumed constitutional unless proven otherwise.
Rijiju noted a key historical point from the court: Even back in 1923, lawmakers spotted how some people misused waqf endowments to dodge debts by pretending religious dedication. The new rule requiring someone to practice Islam for five years before creating a waqf isn’t arbitrary, the court said. But since there’s no way to check this right now, states must create rules under Section 109 to verify it. The court paused this provision until those rules come into effect, to avoid unfair power plays.
The judgment also scrapped the old "Waqf by User" idea, which let properties become waqf just through long-term use. Rijiju explained that this often led to big encroachments on government land—like in Andhra Pradesh, where thousands of acres got wrongly labeled as waqf. Courts had to step in there, and the new amendment only applies going forward, not backward. So, existing waqf lands stay safe, and no one’s losing property overnight.
On disputes, the court upheld sections that send title fights to proper courts or tribunals, not just revenue officers like Collectors. It blocked Collectors from deciding if waqf land overlaps with government property, calling it a violation of power separation. The court also paused rules for quick record fixes but told waqf managers (mutawallis) not to sell or transfer land to outsiders until courts settle things.
Protecting Heritage and Tribal Lands
The Supreme Court greenlit Section 3D, which stops waqf claims on ancient monuments protected under laws like the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Rijiju said this safeguards India’s rich cultural heritage without blocking people’s religious customs—folks can still pray and practice as before.
Tribal areas in Schedules 5 and 6 of the Constitution get extra protection too. Section 3E ensures these lands can’t be declared waqf, preserving them for indigenous communities.
Balanced Representation in Waqf Bodies
The court backed limited non-Muslim roles in waqf institutions to make them more inclusive and transparent, as recommended by the Joint Parliamentary Committee. The Central Waqf Council can have up to four non-Muslims, including government officials. State Waqf Boards allow no more than three out of eleven members to be non-Muslims. Rijiju stressed that since these boards count as "State" under the Constitution, they can’t limit membership to one religion alone. This keeps the minority focus intact while broadening oversight.
For the Chief Executive Officer (CEO) role in boards, the court didn’t block non-Muslims from the job but suggested picking Muslims whenever possible to respect community feelings. With two-thirds of board members being Muslim, the institution’s character stays strong. The CEO acts as a full-time secretary under the board, not as a board member itself.
Tougher Rules on Registration and New Waqfs
Registration of waqfs has been mandatory since 1923, and the court upheld the need for a waqf deed with new applications to stop frauds. Unregistered waqfs without deeds won’t automatically qualify. Section 36(10) bars non-registered waqfs from Waqf Act protections if they file claims after six months.
The amendments also ended waqfs created by non-Muslims (deleting old Section 104), applied the Limitation Act 1963 to disputes (dropping Section 107), and removed outdated references to evacuee properties (Section 108). Plus, Section 108A ensures the Waqf Act doesn’t override other laws.
What’s Next for Waqf Properties in India?
Rijiju wrapped up by welcoming the court’s nod to push ahead with digitization and welfare-focused development. "These steps will make sure waqf income truly helps with education, healthcare, and community upliftment," he said. The Waqf Amendment Bill faced fierce opposition debates in Parliament before President Droupadi Murmu signed it into law on April 5, 2025.
In its Monday hearing, a bench led by Chief Justice BR Gavai and Justice Augustine George Masih refused a full stay on the Act but paused a few parts for review. They stressed protecting vulnerable sections while challenges to the law’s constitutionality play out. This balanced approach keeps Waqf reforms on track, promising better management of these vital community assets for years to come.
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