📰 Supreme Court Flags Key Issues in Waqf Law (2025 Amendment)

Constitutionality, Religious Autonomy & Property Rights Under Scrutiny

❓ Why in News?

The Supreme Court is hearing over 100 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The Court has raised serious concerns over three key provisions of the amended law.

⚖️ Key Issues Flagged by the Supreme Court

Provision: Removes legal recognition of waqf-by-user (properties used for religious/charitable purposes but not registered).
Impact: Nearly 4 lakh out of 8 lakh waqf properties may lose legal protection.
SC View: Such a move disregards historical religious practices and judicial precedents (e.g., Ayodhya Judgment).

Provision: Permits non-Muslims to serve as ex-officio members of Waqf Boards & Councils.
Concern: Could infringe on Article 26 (religious denominations managing their own affairs).
SC Query: Can external faith representatives govern religious institutions?

Provision: District Collectors empowered to decide if land is waqf or government property.
Issue: May violate due process; poses a conflict of interest.
SC Stand: Land disputes need judicial oversight, not executive adjudication.

🛑 Proposed Interim Relief by the Court

Though no formal stay was passed, CJI Sanjiv Khanna proposed a 3-point interim safeguard:

1.🕌 Judicially declared waqf properties, including by-user, should not be denotified.

2.🗂️ Collectors may investigate, but property status must not be changed without court review.

3.🤝 Non-Muslim appointments may continue if Muslim majority is ensured in waqf bodies.

🕒 Govt has been given more time to respond; next hearing pending.

🙋‍♂️ Petitioners’ Arguments

🧾 On Religious Rights (Art. 26)

The amendments infringe religious autonomy by allowing outside influence and limiting traditional waqf recognition.

🕌 On Waqf-by-User

Ayodhya judgment acknowledged the legitimacy of long-standing religious use.
The amendment dispossesses historical trusts without due legal cause.

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