CURRENT AFFAIRS | APRIL 2026
Last Updated: April 2026
• Constitutional law — Articles 14, 25, 26 and minority religious rights
• Secular governance and state regulation of religious institutions
• Judicial review of parliamentary legislation and Supreme Court interim orders
The Waqf Amendment Act 2025 is one of the most legally contested legislative developments in recent Indian history. The amendment to the Waqf Act 1995 has triggered intense debate around minority rights, constitutional validity, and the limits of parliamentary power. For CLAT 2027 aspirants preparing for current affairs and legal reasoning, this is a must-know topic that directly tests understanding of Articles 14, 25, and 26 of the Constitution of India.
What is the Waqf Amendment Act 2025?
The Waqf (Amendment) Act 2025 amends the original Waqf Act of 1995, which governed the administration and management of waqf properties across India. A waqf is a permanent dedication of movable or immovable property by a Muslim person for religious, pious, or charitable purposes recognised under Muslim Personal Law.
The 1995 Act created the Central Waqf Council and State Waqf Boards to oversee these properties. Over decades, disputes arose around property encroachments, mismanagement, and the sweeping powers of Waqf Boards to declare any property as waqf. The 2025 Amendment was introduced to address these concerns, but critics argue it overreaches and violates constitutional protections for minorities.
Key Amendments: What Changed from the Waqf Act 1995
The 2025 Amendment brought several far-reaching changes to the structure and powers of Waqf institutions in India:
| Aspect | Waqf Act 1995 | Waqf Amendment Act 2025 |
|---|---|---|
| Composition of Waqf Boards | Only Muslims could be members | Non-Muslims (including government nominees) can now be members |
| Declaration of Waqf Property | Waqf Board could declare any property as waqf suo motu | Collector to verify government land; Board cannot declare government land as waqf |
| Waqf by User | Property used for religious purposes could be treated as waqf | Waqf by user concept removed; only formal deeds recognised |
| Survey Powers | Waqf Boards conducted their own surveys | Survey responsibility transferred to District Collectors |
| Dispute Resolution | Waqf Tribunal had final say on property disputes | High Courts can now review Waqf Tribunal orders |
| Mutawalli Appointment | Only Muslims could be appointed as mutawalli | Government has greater powers to appoint administrators |
Constitutional Challenges: Articles 25, 26, and 14
The Waqf Amendment Act 2025 faces significant constitutional challenges on multiple grounds. Legal scholars and opposition parties have raised the following arguments before the Supreme Court of India:
Article 25 — Freedom of Religion
Article 25 guarantees every individual the right to freely profess, practise, and propagate religion. Petitioners argue that waqf is an intrinsic part of Islamic religious practice, and legislative interference in the management of waqf properties constitutes an infringement of this right. The government counters that Article 25(2) permits the state to regulate secular activities associated with religious practice.
Article 26 — Right of Religious Denominations to Manage Their Own Affairs
This is the most powerful constitutional argument against the Amendment. Article 26(b) gives every religious denomination the right to manage its own affairs in matters of religion. Article 26(d) guarantees the right to administer property in accordance with law. Petitioners argue that introducing non-Muslim members to Waqf Boards and transferring survey powers to District Collectors directly violates these protections.
Article 14 — Equality Before Law
Critics point out that no comparable legislative intervention has been made in the management of Hindu Religious Endowments, Christian church properties, or Sikh Gurdwara trusts. This alleged selective targeting of Muslim religious institutions raises an Article 14 challenge, as the classification is argued to be arbitrary and discriminatory.
– Article 26(b): Right of religious denominations to manage their own religious affairs
– Article 26(d): Right to administer property in accordance with law
– Article 25: Individual freedom of religion cannot be abridged by state interference
– Article 14: Selective application to one religious community may be discriminatory
Supreme Court Stay and Interim Orders
Following passage of the Waqf Amendment Act 2025, multiple petitions were filed in the Supreme Court of India challenging its constitutional validity. The Supreme Court, while hearing these petitions, issued significant interim directions:
- The Court asked the Central Government to clarify the rationale for including non-Muslim members on Waqf Boards
- It sought detailed responses on the removal of waqf by user, a practice dating back centuries
- The Court noted that properties declared as waqf before the Amendment would not be immediately de-notified pending final hearing
- Several High Courts also stayed implementation of specific provisions in their states
• India has approximately 8.7 lakh waqf properties spread across 9.4 lakh acres
• Waqf properties are estimated to be worth over Rs 1.2 lakh crore
• The Central Waqf Council oversees 32 State/UT Waqf Boards
• The Amendment was passed in the Lok Sabha on August 8, 2024 and Rajya Sabha on August 9, 2024
Political and Legal Controversy
The Waqf Amendment Act 2025 has generated substantial political and legal controversy. The opposition argues the Amendment is part of a broader pattern of legislative overreach targeting minority institutions. The ruling coalition maintains the changes are necessary to check corruption, protect genuine waqf beneficiaries, and ensure government land is not illegally encroached upon by Waqf Boards.
Muslim personal law bodies, including the All India Muslim Personal Law Board (AIMPLB), have strongly condemned the Amendment. Legal experts are divided: some constitutional scholars support the government authority to regulate waqf administration under Entry 28 of the Concurrent List, while others argue the specific provisions cross constitutional boundaries.
International Comparison
India is not alone in legislating waqf administration. Several countries with Muslim-majority populations or significant Muslim minorities have enacted waqf legislation:
- Malaysia: Waqf is administered by state religious councils (Majlis Agama Islam); government plays a regulatory but not direct management role
- Turkey: The Directorate General of Foundations manages waqf properties under secular state oversight, a system Turkey established as part of its secularisation programme
- Egypt: Ministry of Awqaf directly manages waqf properties; far more centralised than India’s Board system
- Pakistan: Provincial Auqaf Departments manage waqf properties with extensive government control, a model critics say India is moving towards
Frequently Asked Questions
What is the Waqf Amendment Act 2025 and why is it controversial?
The Waqf Amendment Act 2025 amends the Waqf Act 1995 to restructure Waqf Board composition (allowing non-Muslim members), remove the concept of waqf by user, and transfer survey powers to District Collectors. It is controversial because critics argue it violates Articles 25 and 26 of the Constitution, which protect the right of religious denominations to manage their own affairs.
Which constitutional articles are most relevant to the Waqf Amendment Act challenge?
The key constitutional provisions challenged are: Article 14 (equality), Article 25 (individual freedom of religion), and Article 26 (right of religious denominations to manage their own affairs and administer property). Article 26(b) and 26(d) are particularly central to the legal challenge.
What action has the Supreme Court taken on the Waqf Amendment Act 2025?
The Supreme Court of India has been hearing petitions challenging the constitutional validity of the Waqf Amendment Act 2025. The Court issued interim directions asking the government to clarify provisions on non-Muslim board members and the removal of waqf by user, and noted that pre-existing waqf declarations would not be immediately reversed pending the final hearing.
Is the Waqf Amendment Act 2025 important for CLAT 2027?
Yes, absolutely. The Waqf Amendment Act 2025 is highly relevant for CLAT 2027 current affairs passages. It tests knowledge of constitutional law (Articles 14, 25, 26), minority rights, the interplay between state regulation and religious freedom, and the Supreme Court role in reviewing parliamentary legislation. CLAT often sets passages on contested legislative-judicial dynamics.
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