The Waqf Act Amendment: A Judicial Balancing Act on State Regulation and Religious Autonomy
UPSC Relevance
Prelims: Indian Polity and Governance (Key Legislations - Waqf Act, Judiciary, Separation of Powers, Tribunals); Art and Culture (Waqf as a concept).
Mains:
General Studies Paper 1 (Society): Salient features of Indian Society, Communalism, Secularism.
General Studies Paper 2 (Polity & Governance): Separation of powers between various organs; Structure, organization and functioning of the Judiciary; Statutory, regulatory and various quasi-judicial bodies (Waqf Boards); Government policies and interventions and issues arising out of their design and implementation.
Key Highlights from the News
Waqf (Amendment) Act, 2025 - The Supreme Court issued a "balancing act" interim order, staying some controversial provisions and upholding others.
Major Provisions Stayed:
Empowering District Collectors to decide disputes regarding the title of Waqf properties. The court observed this as a violation of the principle of separation of powers.
The condition requiring a person establishing a Waqf to prove they have been practicing Islam for 5 years (as the law did not clarify how this would be proven).
Major Provisions Upheld / Modified:
Limited the number of non-Muslim members on Waqf Boards.
The government's decision to abolish the waqf-by-user method (recognition of Waqf based on prolonged use) was upheld by the court.
Applying the Limitation Act to Waqf properties.
Excluding protected monuments and tribal lands from Waqf status.
The court emphasized that Waqf Tribunals are responsible for resolving disputes.
This judgment is an attempt to find a balance between religious autonomy and state regulation.
The article highlights the importance of the government consulting with specific communities when making laws affecting them and striving for political and social acceptance in Parliament.
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