The Waqf (Amendment) Act, 2025: A Judicial Balancing Act on Law, Faith, and Property Rights
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 2 (Polity & Governance): Separation of powers between various organs; Structure, organization and functioning of the Executive and the Judiciary; Statutory, regulatory and various quasi-judicial bodies (Waqf Boards, Tribunals); Government policies and interventions.
Key Highlights from the News
Waqf (Amendment) Act, 2025 - The Supreme Court stayed some key provisions of the Waqf (Amendment) Act, 2025, finding them to be "prima facie arbitrary." However, the court refused to completely freeze the law.
Key Provisions Stayed:
The provision requiring a person forming a Waqf to prove they have practiced Islam for 5 years (as the law did not clarify how this would be proven).
The provision stating that if anyone raises suspicion that a Waqf property is government land, its Waqf status would be immediately lost.
The court clarified that determining the title of properties is the judiciary's job, and the executive unilaterally doing so is a violation of the fundamental principle of separation of powers.
Key Provisions Upheld:
The number of non-Muslim members in the Central Waqf Council and State Waqf Boards was limited.
The court upheld the requirement of a Waqf deed for registering Waqfs.
The court ordered that disputes regarding Waqf properties should be resolved by the Waqf Tribunal, and changes to property records should only be made after the Tribunal's final decision.
COMMENTS