Last Updated: April 2026
The Waqf (Amendment) Act 2025 is one of the most legally significant statutes for CLAT 2027 legal reasoning preparation. Passed by Parliament in 2024 and challenged before the Supreme Court, this legislation raises fundamental questions about minority rights, parliamentary competence, and constitutional limits — exactly the kind of legal analysis tested in the CLAT current affairs and legal reasoning sections.
In this article, we break down the Act’s key provisions, the constitutional challenges it faces, and provide 10 practice MCQs to sharpen your CLAT legal reasoning skills.
What is a Waqf?
A Waqf is a permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes. Once dedicated as Waqf, the property cannot be sold, inherited, or transferred. The management is governed by the Waqf Act, 1995 — a Central legislation under Entry 28 of the Concurrent List (administration of religious endowments).
Key Changes Introduced by the Waqf Amendment Act 2025
| Provision | Pre-Amendment (1995 Act) | Post-Amendment (2025) |
|---|---|---|
| Waqf Board Composition | Exclusively Muslim members | Mandatory inclusion of non-Muslim members |
| Waqf by User | Long-term use could constitute Waqf | Waqf by user concept abolished |
| Government Land Disputes | Waqf Tribunal jurisdiction | Collector has primary jurisdiction for government land disputes |
| Survey Powers | State Survey Commissioner | Collector or District Magistrate empowered |
| Registration | Waqf-specific registration | Stricter documentation requirements |
Constitutional Challenges Before the Supreme Court
The Waqf Amendment Act 2025 was challenged in the Supreme Court immediately after its passage. The challenges raise multiple constitutional issues critical for CLAT preparation:
1. Article 25 and 26 — Right to Religion
Article 25 guarantees freedom of conscience and free profession, practice, and propagation of religion subject to public order, morality, and health. Article 26 grants every religious denomination the right to: (a) establish and maintain institutions for religious and charitable purposes; (b) manage its own affairs in matters of religion; (c) own and acquire movable and immovable property; and (d) administer such property in accordance with law.
Petitioners argued that mandating non-Muslim members on Waqf Boards directly violates Article 26(b) — the right of a religious denomination to manage its own affairs in matters of religion.
2. Article 14 — Right to Equality
The amendment was challenged as discriminatory — no parallel law mandates inclusion of members from other religions in Hindu or Christian endowment boards like the Hindu Religious Endowments Act trusts.
3. Article 300A — Right to Property
The abolition of “Waqf by user” was challenged as effectively divesting existing Waqf properties of their legal status without compensation, potentially violating the constitutional right not to be deprived of property except by authority of law.
Key Legal Doctrines for CLAT 2027
Doctrine of Essentiality Test
The Supreme Court in Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar (1954) held that only practices “essential” to a religion are protected under Articles 25-26. Whether Waqf management is an “essential religious practice” of Islam becomes a critical legal question in this context.
Reasonable Restrictions
Both Articles 25 and 26 are subject to laws relating to public order, morality, and health (Article 25), and “law” in general (Article 26(d)). The government argues the amendments constitute reasonable regulation, not abrogation.
Doctrine of Manifest Arbitrariness
Under Shayara Bano v. Union of India (2017), a law can be struck down under Article 14 if it is manifestly arbitrary. Critics argue the amendment selectively targets Muslim endowments.
Supreme Court Interim Order
The Supreme Court, in its interim order, stayed some provisions of the amendment, particularly those affecting existing Waqf properties and the composition of Waqf Boards, while the matter remains sub judice. This makes the Act a live legal issue for CLAT 2026-27 aspirants.
Relevance for CLAT 2027
CLAT Legal Reasoning tests your ability to apply legal principles to factual scenarios. The Waqf case combines:
- Constitutional law (Articles 14, 25, 26, 300A)
- Minority rights jurisprudence
- Judicial review of Parliamentary legislation
- Balance between state regulation and religious autonomy
For CLAT Current Affairs, know the timeline: Waqf Amendment Bill passed in August 2024, challenged in Supreme Court, interim order issued, matter sub judice before a Constitutional Bench as of 2025-26.
Practice MCQs — Waqf Act for CLAT 2027
Directions: Each question is followed by a legal principle and a factual scenario. Apply the principle to the scenario and choose the correct answer.
Q1. Article 26 of the Constitution guarantees every religious denomination the right to manage its own affairs in matters of religion. The Waqf Amendment Act 2025 requires State Waqf Boards to include at least two non-Muslim members. Mushtaq, a Muslim, challenges this provision claiming it violates Article 26.
(A) Mushtaq will succeed because Article 26 absolutely prohibits state interference in religious management.
(B) Mushtaq may succeed because the composition of a religious endowment board relates to managing affairs in matters of religion.
(C) Mushtaq will fail because Article 26 only protects individuals, not institutions.
(D) Mushtaq will fail because Waqf management is not a religious practice protected by the Constitution.
Answer: (B)
Q2. The principle of “Essentiality Test” holds that only practices essential and integral to a religion receive constitutional protection under Articles 25-26. Priya argues before the Supreme Court that Waqf, as an institution, is essential to Islam.
(A) The court will automatically accept her argument since Waqf is mentioned in Islamic law.
(B) The court will examine whether Waqf is an essential religious practice, not merely a customary practice.
(C) The court cannot question what is essential to any religion.
(D) Priya’s argument is irrelevant since Articles 25-26 protect all religious practices equally.
Answer: (B)
Q3. Article 14 prohibits arbitrary state action. The Waqf Amendment mandates inclusion of non-Muslim members only in Waqf Boards, while Hindu Endowment Boards are not subject to similar requirements. Ahmad challenges this on Article 14 grounds.
(A) Ahmad will succeed because similarly situated groups must be treated equally under Article 14.
(B) Ahmad will fail because Parliament has wide discretion in regulating minority institutions.
(C) Ahmad will succeed only if he can prove the discrimination was intentional.
(D) Ahmad will fail because Article 14 applies only to criminal law.
Answer: (A)
Q4. The Amendment abolished “Waqf by user” — a doctrine that allowed property to be treated as Waqf if it had been used for Islamic purposes over a long period. Fatima’s family’s mosque, recognized as Waqf by user since 1920, loses its Waqf status under the Amendment without compensation.
(A) This is valid since Parliament can retrospectively abolish property rights without compensation.
(B) This may violate Article 300A which prohibits deprivation of property except by authority of law and without just cause.
(C) This is valid because Waqf property was never private property to begin with.
(D) Both (A) and (C) are correct.
Answer: (B)
Q5. The Waqf Amendment gives District Collectors jurisdiction over disputes involving government land claimed as Waqf, replacing the Waqf Tribunal. A Waqf Board challenges this as violating the separation of powers.
(A) The challenge will succeed because judicial powers cannot be vested in executive authorities.
(B) The challenge may have merit if the Collector’s role extends to finally adjudicating property rights rather than merely making a preliminary determination.
(C) The challenge will fail because the Constitution does not guarantee tribunals for religious endowments.
(D) The challenge will succeed because Waqf Tribunals have constitutional status.
Answer: (B)
Frequently Asked Questions (FAQ)
What is Waqf and why is it important for CLAT 2027?
Waqf is a permanent dedication of property by a Muslim for religious, pious, or charitable purposes governed by the Waqf Act, 1995. For CLAT 2027, it is important because the Waqf Amendment Act 2025 is currently sub judice before the Supreme Court and involves key constitutional provisions including Articles 14, 25, 26, and 300A that are frequently tested in CLAT legal reasoning.
Under which List of the Constitution does Parliament have power to legislate on Waqf?
Waqf falls under Entry 28 of the Concurrent List (List III) — “Charities and charitable institutions, charitable and religious endowments and religious institutions.” Both Parliament and State Legislatures can legislate on this subject, though a Central law prevails in case of repugnancy.
What is the Essentiality Test in the context of Articles 25-26?
The Essentiality Test, first articulated in the Shirur Mutt case (1954), holds that courts must determine whether a particular practice is “essential and integral” to a religion before granting it constitutional protection under Articles 25-26. Not every religious practice enjoys constitutional protection — only those that are essential to the faith.
Has the Supreme Court struck down the Waqf Amendment Act 2025?
As of April 2026, the Supreme Court has not struck down the Act but has issued an interim stay on certain provisions. The matter is being heard by a Constitution Bench. CLAT aspirants should follow the proceedings as the final judgment could have significant implications for minority rights jurisprudence.
How does the Waqf Amendment case relate to CLAT legal reasoning questions?
CLAT legal reasoning passages often present a legal principle and a fact scenario. The Waqf case involves multiple principles — equality, religious freedom, essentiality test, right to property — making it an ideal source for CLAT passages. Understanding the case deeply helps you apply principles correctly rather than memorizing outcomes.
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