The Supreme Court of India recently focused on controversial provisions of the Waqf (Amendment) Act, 2025, which expands government control over waqf properties.
The amendments reduce the autonomy of the Muslim community in managing waqf properties, raising concerns about the legal status of many Muslim sites.
The Centre assured the Court that waqf properties would not be de-notified and no appointments would be made to the Central and State Waqf Boards until the next hearing.
The Court raised concerns about provisions in the new law, including discontinuing "waqf by user" and giving the state power to take control of waqf properties during disputes.
Lawyers for petitioners argued that half of waqf properties may lack documentation because they were established before modern land registration laws.
There are around 100 petitions before the Court challenging the constitutionality of the new law, with key issues such as freedom of religion and discrimination in the law.
The amendments also allow non-Muslims to be appointed to the Waqf Council and Boards, raising concerns about the violation of religious rights under Article 26, which protects the right to manage religious affairs.
Some provisions promote inclusivity and accountability, but there are fears they could distort the religious character of waqfs.
The Supreme Court's decision on this matter will have significant implications for India’s identity as a secular and pluralist country.
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