Waqf Board Act Changes Face Intense Supreme Court Scrutiny

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‘Waqf by user’, ‘Non-Muslims in Waqf Board’ Gain Supreme Court Attention

By TRH News Desk

New Delhi, April 16, 2025: The Supreme Court of India on Wednesday turned its sharp focus on ‘Waqf by users’ and ‘non-Muslims’ presence in the Waqf Board’. The Supreme Court examined the Waqf Board Amendment Bill passed by parliament recently.

The apex court on Wednesday began hearing a batch of 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025. A three-judge bench, led by Chief Justice of India Sanjiv Khanna and comprising Justices Sanjay Kumar and K.V. Viswanathan, grappled with arguments over the Act’s provisions.

The petitioners challenging the amended law have alleged that changes “undermine Muslim religious autonomy and violate constitutional rights”. The hearing, adjourned to April 17 at 2 p.m., saw sharp exchanges on issues like “waqf by user” and the inclusion of non-Muslims in waqf governance.

The Waqf (Amendment) Act, passed by the Lok Sabha on April 3 and Rajya Sabha on April 4 with presidential assent on April 5, introduces sweeping changes to the Waqf Act, 1995, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act.

Key amendments include abolishing Section 40, which allowed Waqf Boards to declare properties as waqf, and removing “waqf by user,” a provision recognizing properties used for religious purposes over time. The Act also mandates non-Muslim representation on Waqf Boards and the Central Waqf Council, shifts authority to District Collectors for property disputes, and allows High Court appeals against Waqf Tribunal decisions.

Petitioners, including AIMIM MP Asaduddin Owaisi, Congress MP Mohammad Jawed, TMC MP Mahua Moitra, RJD MP Manoj Kumar Jha, DMK, Jamiat Ulama-i-Hind, and Tamil actor-politician Vijay, argued that the Act infringes on Articles 14 (equality), 25 (religious freedom), 26 (religious autonomy), 29 (minority rights), and 300A (property rights).

DMK’s petition, filed by MP A. Raja, claimed the Act prejudices the rights of 50 lakh Muslims in Tamil Nadu and 20 crore in the country. He told media that Tamil Nadu’s Assembly has passed a resolution urging its withdrawal.

The Association for Protection of Civil Rights argued that provisions like the new Section 40 “pose a grave danger” to Waqf Board autonomy, per a post on X by Bar and Bench.

Solicitor General Tushar Mehta defended the changes in the law. He said that the changes are “historic reforms” to ensure transparency and accountability in managing waqf properties, which span 870,000 assets worth ₹100,000 crore.

Six BJP-ruled states — Rajasthan, Gujarat, Haryana, Maharashtra, Assam, and Uttarakhand — along with the Uttarakhand Waqf Board, filed interventions supporting the Act. They argued that it aligns with constitutional principles per media reports.

During the hearing, CJI Khanna raised concerns about “waqf by user”, questioning how such properties, often lacking documentation, could be registered under the new law. “If you de-notify waqf by user properties, there will be an issue,” he told Mehta, noting their legal recognition in Privy Council judgments, per The Hindu.

The bench proposed an interim order to prevent de-notification of court-declared waqf properties, but the Centre opposed it, seeking further discussion. The court also questioned the inclusion of non-Muslims in waqf bodies, asking Mehta, “Are you saying that from now on you will allow Muslims to be part of Hindu endowment boards?”

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