Misuse of Waqf Law and the 2025 Amendments: Centre’s Stand before Supreme Court

The Union Government has informed the Supreme Court that extensive misuse of waqf provisions led to unprecedented encroachments on private and government properties, necessitating significant amendments to the Waqf Act in 2025. The misuse led to a shocking 116% increase in waqf land holdings in just 11 years, post-2013 amendments, a figure unmatched even in historical eras such as the Mughal period.

 Summary

• The Centre highlighted a 116% rise in waqf land area between 2013 and 2024.
• Misuse of waqf provisions led to rampant encroachments on properties.
• Centre filed a thousand-page preliminary reply opposing any judicial stay.
• Amendments of 2025 aim to curb misuse and restore proper governance.
• Assurance given that no waqf property will be denotified nor will non-Muslims be appointed to Waqf Boards under the new law.
• The concept of 'waqf-by-user' has been restricted to only those waqfs registered by April 8, 2025.
• Supreme Court hearing is scheduled for May 5, with major constitutional implications.

Background on Waqf

• Waqf: In Islamic law, it is a permanent dedication of movable or immovable property for religious, pious, or charitable purposes.
• Waqf Act, 1995 and its 2013 Amendment aimed to regulate waqf properties but led to loopholes that allowed for encroachments.

Centre’s Key Points in Supreme Court

• Phenomenal Increase: From 18 lakh acres to 39 lakh acres in just 11 years.

• Misuse Allegations: Encroachments into private and government lands were rampant.

• Historical Comparison: The rise is unprecedented even compared to Mughal, pre-Independence, and post-Independence periods.

• Public Concern: Parliament acted to align with the ‘will of the people’ to curb misuse.

2025 Amendments at a Glance

• Removal of 'Waqf-by-User' without proof unless registered before April 8, 2025.

• No Denotification: Waqf properties won't be arbitrarily declassified.

• Appointments: Only Muslims will continue to be appointed to Waqf Councils.

• Judicial Scrutiny: Government opposes any stay, citing the necessity to prevent further misuse.

Constitutional Challenge

• Senior advocates like Kapil Sibal and A.M. Singhvi are challenging the amendments, arguing possible infringement of fundamental rights.

• Major Question: Can Parliament limit waqf creation by regulating proof and registration?
  
  

Importance for RAS Mains and Interview

• Polity and Governance: Understand the relationship between religious freedoms and state regulation.
• Constitutional Law: Interpretation of Article 25 and 26 (freedom of religion and management of religious affairs).
• Minority Welfare Administration: Balancing religious rights with land administration.
• Public Policy: How laws evolve to address emerging misuse and the role of Parliament in such interventions.

Conclusion

The Centre’s defense of the Waqf (Amendment) Act, 2025 reflects a critical intersection of religious rights, property rights, and state responsibility. The case will shape the future of waqf management, land governance, and constitutional interpretation of religious freedoms in India. For RAS aspirants, this issue is essential in understanding contemporary challenges in secular governance, judicial activism, and legislative reforms.

MCQs for Practice

1. After the amendment brought in 2013, by what percentage did the waqf land area increase by 2024 according to the Centre?

(a) 50%

(b) 100%

(c) 116%

(d) 150%

Answer: (c) 116%

2. As per the Waqf (Amendment) Act, 2025, which of the following is mandatory for a ‘waqf-by-user’ to be protected?

(a) Must be registered by April 8, 2025

(b) Must have a written deed

(c) Must be more than 100 years old

(d) Must be recognized by the local mosque

Answer: (a) Must be registered by April 8, 2025