Supreme Court Continues Hearings on Waqf Law
The Act, introduced with the intention of reforming the existing waqf framework, aims to improve the transparency and efficiency in the management of waqf properties — assets endowed for charitable and religious purposes.
Overview of the Waqf Amendment Act, 2025
It introduces a structured system to guide the appointment and responsibilities of waqf boards and trustees. Key provisions include more stringent rules for board composition, ensuring diverse stakeholder representation, and formal mechanisms for dispute resolution within jurisdictions — addressing a limitation of previous waqf laws.
Another critical aspect of the amendment is the establishment of mandatory audits and periodic monitoring of waqf properties. This move is designed to ensure that these assets are used solely for their intended charitable or religious purposes, a concern that has plagued waqf property management for years. Supporters of the legislation argue that it marks a major step forward in aligning waqf governance with modern standards of transparency and accountability.
Supreme Court Hearings and Key Discussions
During the ongoing proceedings, the Supreme Court has focused on several contentious elements of the amendment. One key area of debate is the nature of user-based control over waqf properties — especially those used by individuals or institutions without formal title. Justices have questioned how such arrangements impact rightful ownership and governance, seeking to clarify the legal boundaries of such properties.
The court has also examined whether the composition and operations of waqf councils adhere to democratic and transparent principles. Concerns have been raised over the current nomination process and potential conflicts of interest within waqf bodies. The justices stressed the need for reforms that would allow these councils to represent the community more equitably.
The Centre has defended the amendments, asserting that the new framework enhances efficiency and boosts the socio-economic potential of waqf assets.
Controversies and Criticisms
The amendments have triggered notable opposition from civil society and religious leaders. Chief Justice Sanjiv Khanna’s warning about the risk of unrest highlights the gravity of public concern. Critics fear the law may affect the multi-religious fabric of India by disproportionately empowering one religious group over others in the creation and control of waqf assets.
There is growing concern that the new rules may discourage philanthropic involvement by overregulating religious endowments. Many argue that waqf institutions, which traditionally encouraged interfaith cooperation and inclusive charitable work, could become restrictive and sectarian under the amended regime.
Others point out that the law may infringe on religious autonomy by giving excessive control to state authorities in matters traditionally handled by religious bodies. This concern is particularly sensitive in India’s pluralistic context, where freedom of religious practice is constitutionally protected.
Looking Ahead: Potential Impact
A ruling upholding the law could strengthen state oversight over religious endowments, compelling waqf boards and trusts to adopt stricter governance standards. On the other hand, if the Court rules against the amendments, it could reinforce calls for greater religious autonomy and set a precedent for other faith-based institutions.
Beyond legal implications, the ruling could also influence community relations and public trust in the state’s role in religious affairs. As deliberations continue, all eyes are on the Court’s decision, which is expected to shape the future of waqf property governance and religious trust administration in India for years to come.