Case Title: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025
BENCH CONSISTING OF – CJI BR. GAVAI AND JUSTICE A.G. MAHISH
Introduction
The Waqf Amendment Act 2025 is in a national debate. SC states it is important to maintain a check over the waqf property with the waqf claimed which increased by 116% after the 2013, amendment, used as private or government land as a Waqf property. On the other hand
Recently, a batch of petitions challenging the constitutional validity of the Act has reached the Supreme Court of India, spearheaded by senior advocate Kapil Sibal and various public interest litigants. Kapil Sibal stands on the fact that the waqf amendment act instead of protecting the waqf property leaves it in a much more vulnerable state, where any one, a private individual or a gram panchayat can file a case regarding the property and during the inquiry the status of waqf property would be taken away. This legal and political storm brings to the fore important questions about the balance between religious freedom (Articles 25–30) of the Indian constitution a part of the Fundamental Rights and questions about secularism.
WHAT IS A WAQF PROPERTY?
Kapil Sibal stated that a waqf property is a religious offering done to Allah (God) by private people and once a property is declared as a waqf property it cannot be transferred or changed for any other purpose. “ONCE A WAQF ALWAYS A WAQF”.
Earlier is a waqf property was challenged as an national monument it remained to be a waqf property, but now the waqf property would no longer be one, it has the potential to stop people from practicing their religious rights.
What is the Waqf Amendment Act 2025?
The Waqf Act of 1995 regulates the management of Waqf properties, which Muslims set aside for charitable, religious, or pious reasons. The 2025 Amendment aims to:
· Give Waqf Boards more independent control over religious property.
· Simplify the listing and regulation of contentious lands.
· Permit boards to issue rulings with minimal necessity of judicial review.
· Implement harsher penalties on “encroachments” of Waqf land.
Though these reforms are asserted to promote administrative efficiency, critics point out that these threaten to erode individual property rights, contravene natural justice, and facilitate arbitrary control without an adequate remedy for injured parties.
The Legal Challenge: Is the Act Constitutionally Sound?
The counsel of the petitioners, senior Counsel Kapil Sibal, brought up the question of the constitutional validity of the Act and contended that it:
· Is contrary to the right of property (Article 300A) as people can be deprived in a way they do not receive a fair hearing.
· Violates Article 14 (Equality Before Law) by granting special privilege to a religious organization without equal protection of procedure.
· Interferes with Articles 25–28, which enshrine religious freedom — but exclude religious institutions from overriding secular judicial review or property rights.
Additional concerns are:
· Lack of judicial redress: The Act ostensibly bars civil courts from hearing complaints about Waqf property.
· Danger of arbitrary listing: Individuals may have their land listed as Waqf without notice or proof.
· Claims that this is a “land grab in the guise of religion”, with some petitions alleging systemic abuse of the listing process.
The Bigger Picture: Power, Property & Public Trust
Outside of the courtroom, this argument interacts with broader social concerns:
· Who does religious land belong to?
· Can administrative agencies circumvent courts under cover of religious authority?
· Are religious boards backed by the state beyond accountability?
The challenge lies in striking a balance between India’s constitutional democracy’s religious diversity and secular governance.This also calls into question whether governance reforms targeted at minority institutions would constitute indirect incursions and how minority institutions are protected under Article 30.
Public Perception and Political Context
Numerous stakeholders, ranging from Hindu citizens to public interest groups, assert that they have lost properties through fraudulent Waqf listings without trial or consent. A number of cases have cropped up from Tamil Nadu, Maharashtra, and Karnataka, where temples and non-Muslim people have objected to being compelled to join Waqf surveys.
The phrase “religious overreach” is picking up steam in the media and civil society as concerns grow that this law will pave the way for untrammelled control over land and property, not only targeting Muslims but potentially anyone whose property is inappropriately classified.
While that is so, the government insists that the reforms are intended to check corruption and inefficiency in Waqf Boards and usher in improved religious infrastructure.
What Lies Ahead?
The Supreme Court has now spoken on the matter and will rule:
· Whether Waqf Boards are quasi-judicial institutions free from interference by courts.
· Whether the new act derogates essential rights under Articles 14, 25–30, and 300A.
· if religious organizations must adhere to the same standards of transparency and due process as other governmental organizations.
This case could set a historic precedent for how property rights and religion interact under Indian constitutional law
Conclusion
The Waqf Amendment Act 2025, while framed as a structural reform, poses profound questions about religious autonomy and state power as well as the rule of law. As the Supreme Court prepares to examine its validity on the next hearing held for Thursday 22/MAY, 2025. This case is no longer just about Waqf properties it is about the soul of preamble about the heart of Fundamental rights. SECULARISM! RELIGIOUS AUTONOMY!
DISCLAIMER:
This article is intended solely for educational, journalistic, and analytical purposes. It does not intend to target, defame, or malign any religious group, institution, or individual. All legal interpretations are based on publicly available information and ongoing court proceedings. The views expressed here are meant to stimulate legal thought and constitutional awareness.
ABOUT THE AUTHOR
Nitya Jain is a law student at Symbiosis Law School, Pune, and an emerging legal writer with a keen interest in constitutional and contract law. Backed by a strong academic foundation,she actively engages with contemporary legal issues through research, writing, and participation in moot court competitions. A certified legal researcher by Manupatra, Nitya aims to contribute valuable insights on pressing legal matters through her work, and is open to internships and learning new skills.