Supreme Court Puts Centre on Notice Over Waqf Act, 2025

(Source – Indian Express, Section – Explained, Page – 19)

Analysis of the news

Nature of the Challenge

• The petitions, filed by prominent MPs and religious leaders, argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.

• Senior Advocate Kapil Sibal, representing the petitioners, contended that the Act interferes with essential religious practices and alters the character of Waqf institutions.

Issue 1: Abolition of Waqf-by-Use

• The law removes the doctrine of “Waqf by use” for future dedications and limits it to already-registered properties.

• Petitioners argue this ignores the historical and religious significance of long-standing religious use.

• The CJI acknowledged the difficulty of registering centuries-old Waqf lands and noted the ambiguity the law introduces.

Issue 2: Powers of the District Collector

• Under the new law, if a district collector identifies Waqf-used land as government land, its Waqf status is suspended until a court decision.

• Critics argue this undermines judicial primacy, allowing executive overreach.

• The Court noted this provision and recorded the Centre’s assurance that the status of such properties will not be changed.

Issue 3: Inclusion of Non-Muslims in Waqf Boards

• The law permits non-Muslims to be part of Waqf boards, which the petitioners argue violates Articles 26(b), (c), and (d).

• The Court strongly questioned the rationale, asking if the same principle would apply to Hindu religious boards, hinting at religious non-interference principles.

• The Centre agreed such appointments could be declared void.

Issue 4: Applicability of the Limitation Act

• The 2025 law applies the Limitation Act to Waqf properties, limiting the timeframe within which Waqfs can reclaim encroached land.

• The 1995 Act had excluded the Limitation Act, allowing indefinite action against encroachments.

• The Court noted that while this has pros and cons, its impact on Waqf rights must be closely examined.

Conclusion

• The Supreme Court’s interim observations reveal serious constitutional and religious freedom concerns with the Waqf Act, 2025.

• With a final decision pending, the case will likely serve as a significant test of religious autonomy, federalism, and the limits of state intervention in minority affairs.