Waqf Amendment Act 2025 — Constitutional Challenge, SC Hearing and CLAT Analysis

Last Updated: April 2026

The Waqf Amendment Act 2025, passed by Parliament in March 2025, has become one of the most contested pieces of legislation in recent Indian legal history. Seven petitions challenging its constitutional validity were filed in the Supreme Court, which constituted a 5-judge Constitution Bench to examine fundamental questions about religious freedom, minority rights, and property protection. For CLAT aspirants, this topic is prime passage material — touching Articles 14, 25, 26, and 300A of the Constitution.

Key Facts at a Glance

What Is a Waqf?

A Waqf is a permanent dedication of movable or immovable property by a Muslim for purposes recognised as pious, religious, or charitable under Islamic law. Once a property is declared a Waqf, it is considered to belong to Allah — it cannot be sold, gifted, or inherited. The property is administered by a Mutawalli (caretaker) for the stated purpose.

India has approximately 8.7 lakh (870,000) registered Waqf properties covering about 9.4 lakh acres, making it one of the largest bodies of religious endowment land in the world. These properties include mosques, graveyards, dargahs, orphanages, and educational institutions.

Key Changes Under the 2025 Amendment

1. Non-Muslim Members on Waqf Boards

The amendment mandates inclusion of non-Muslim members on the Central Waqf Council and State Waqf Boards. Petitioners argue this violates the community’s right to manage its own religious institutions under Article 26. The government argues that Waqf Boards are statutory bodies (not purely religious), making government-directed composition permissible.

2. Collector’s Power to Survey Waqf Land

The amendment empowers the District Collector to conduct surveys of alleged Waqf properties and decide disputes — effectively replacing the Waqf Tribunal’s jurisdiction for survey-related matters. Critics argue this gives executive authority over what should be a judicial/quasi-judicial function, violating the rule of law and Article 14.

3. Removal of “Waqf by User” Doctrine

The “Waqf by User” doctrine held that land continuously used by the Muslim community for religious purposes (a graveyard, a mosque without deeds) could acquire Waqf status through long usage, even without a formal deed. The 2025 amendment abolishes this doctrine — meaning properties that gained Waqf status through user could lose that status, potentially affecting thousands of properties.

4. Reverification of Pre-2025 Waqf Properties

The amendment requires reverification of Waqf properties registered before 2025. The All India Muslim Personal Law Board and other petitioners argue this creates uncertainty over 8.7 lakh properties and could lead to large-scale dispossession.

Constitutional Challenge: The Legal Arguments

Article 25 and Article 26: Religious Freedom

Article 25 guarantees freedom of conscience and free profession, practice, and propagation of religion. Article 26 specifically protects the right of every religious denomination to:

• Establish and maintain institutions for religious and charitable purposes
• Manage its own affairs in matters of religion
• Own and acquire movable and immovable property
• Administer such property in accordance with law

Petitioners argue that forcing non-Muslim members onto Waqf Boards and empowering a government Collector over Waqf land directly interferes with the Muslim community’s right to “manage its own affairs in matters of religion” under Article 26(b).

Article 14: Equality Before Law

The challenge also invokes Article 14 (equality before law) — arguing that no comparable legislation interferes with the internal management of Hindu religious endowments (governed by state-level Hindu Religious and Charitable Endowments Acts) or endowments of other communities. This alleged discriminatory treatment of one religious community’s institutions raises an equality argument.

Article 300A: Right to Property

Article 300A provides that no person shall be deprived of property save by authority of law. The abolition of “Waqf by User” and the requirement for reverification could result in loss of Waqf status for existing properties — effectively depriving the Waqf institution (and by extension, the Muslim community’s religious endowments) of property without adequate legal process.

Preamble: Secular Character

Petitioners invoke the Preamble’s declaration of India as a “Secular” democratic republic, arguing that singling out one religion’s endowment institution for restructuring by government-appointed non-member inclusion is inconsistent with state neutrality in religious matters.

Government’s Defence

The government argues that:

1. Waqf Boards are statutory bodies created by Parliament, not purely religious bodies — Parliament can therefore regulate their composition
2. Non-Muslim members serve in an administrative capacity, not in matters of religious doctrine or practice
3. The Collector’s power is for survey and factual determination, not for adjudicating religious questions
4. Transparency and accountability in Waqf administration require external oversight given historical mismanagement
5. The amendment does not prohibit Waqf creation or interfere with core religious practices

Supreme Court Proceedings

The Supreme Court’s 5-judge Constitution Bench has heard preliminary arguments and issued interim directions. Key observations include:

• The Court noted the “wide ramifications” of the amendment on 8.7 lakh properties
• Interim protection was considered for existing Waqf properties pending final hearing
• The Solicitor General argued the Act was a reform measure, not an attack on Islam
• Senior advocates for petitioners compared it to dissolving Hindu endowments through government-appointed non-Hindu members

Historical Context

Waqf as an institution dates back over 1,400 years in Islamic law. In India, British India’s first Waqf Act was passed in 1913. Post-independence, the Waqf Act 1954 was passed, followed by the comprehensive Waqf Act 1995. The 2025 amendment is the most significant change to the Waqf regime since 1995.

CLAT Preparation Angle

This topic is ideal for CLAT because it tests multiple areas simultaneously:

• Current Affairs: Know the key facts, amendment provisions, and SC proceedings
• Constitutional Law: Articles 14, 25, 26, 300A — these are staple CLAT legal reasoning principles
• Legal Reasoning: The government vs petitioners arguments mirror Principle-Fact style questions
• English Comprehension: Editorials on the Waqf Amendment are excellent passage practice material

FAQ: Waqf Amendment Act 2025

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