The Waqf Act Passed in Both Parliamentary Houses- Supreme Court to Decide Its Fate

Recently, the waqf amending bill has been in the news, creating a buzz of debate across the nation, some calling it constitutional where as other calling it unconstitutional so what is waqf & how does waqf functions so let’s dive into the topic, the meaning of waqf is taken from arabic word "waqafa" which means to Stop, hold or detained and in Islamic law it is called"endowment" of charitable work.

In india waqf is a endowment and this waqf is taken care by governing body that  looks over properties that are  waqf; waqf by an individual (the waqf)  looks over a properties that are  waqf; waqf by an individual (the waqf)  for a good cause, like building a mosque, helping the poor, or running a school, once it’s a waqf, the property is "locked" and it can’t be sold, gifted, or passed down to any heirs. It belongs to the cause forever.

 

The concept of Waqf in India let’s dates back to the 12th century, during the establishment of Muslim rule under the Delhi Sultanate Muhammad Ghori, after defeating Prithviraj Chauhan, dedicated two villages to a mosque, marking the beginning of Waqf properties in the subcontinent. Over time, rulers like Iltutmish, Alauddin Khilji, and Mughal emperors such as Akbar and Shah Jahan expanded waqf endowments, including significant properties like the Taj Mahal.

 

During British governance, the administration of waqf properties began to take a more formal legal shape.

In 1913, the Mussalman Waqf Act" enact to recognize and protect waqf deeds, following a Privy Council ruling that had deemed waqf perpetuities invalid, a decision that was overturned by this legislation due to resistance in India.

The Mussalman Waqf Act of 1923 aimed to enhance oversight and required waqf accounts to be submitted, but it didn’t formally establish Waqf Boards as centralized entities. State-level waqf Boards emerged later.

Post-independence, the Waqf Act of 1954 was passed under Prime Minister Jawaharlal Nehru, centralizing waqf management and establishing the Central Waqf Council in 1964 as an advisory body. 

This was repealed and replaced by the Waqf Act of 1995  defined Waqf as the permanent dedication of movable or immovable property by a Muslim for purposes recognized under Muslim law that managed by a mutawalli (custodian) & overseen by state Waqf Boards.

Till date India has over 200,000 registered waqf properties covering million of acres making it one of the largest waqf in the world.

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In 2013, amendments to the 1995 Act further enhanced the powers of Waqf Boards, allowing them to designate properties as Waqf with fewer restrictions, sparking debates about transparency and overreach and has breach into legal dispute- In 2023, the Karnataka Waqf Board issued notices claiming over 1,200 acres of land in districts like Vijayapura and Yadgir as Waqf property. Which has livelihood of 1000  farmers of both muslims and mostly hindu community.

           

The Board said the land was historically donated as Waqf, citing old records. the farmers like Hanumantha Rao and Lakshmi Bai  faced losing their livelihoods. They argued the land was never Waqf, and their families had legal titles for decades. The farmers protested, saying the Waqf Board fabricated claims to grab land. The Tensions rose into communal undertones, as locals accused the Board of targeting non-Muslim owners. this led the Karnataka government to suspend the notices in 2023, ordering a review. As of 2025 the case is unsolved & exposed how Waqf claims can uproot people’s lives and spark distrust.

The 2nd case was 2019, the Dargah of Hazrat Shah Qasim Sulaiman, Chennai, the Tamil Nadu Waqf Board claimed a 400-year-old dargah (shrine) and 2 acres of surrounding land in Chennai as Waqf property and encroachers had to leave.

Around 50 families where the mix of both Muslim and non-Muslim families Live,  R. Srinivasan, a small shopkeeper, faced eviction notice.They said they bought the land legally and had no idea it was Waqf property.

The Residents countered that the Board’s records and In 2022, the Madras High Court ruled partly in favor of residents, allowing those with valid titles to stay, but the Waqf Board can retained control of the dargah itself. It showed how Waqf disputes can displace ordinary people caught in legal gray areas. Cases like these sometimes pit Muslims against non-Muslims, fueling social divides, though the issue is more about mismanagement than religion.

Though their has also been seen positive impacts by the Waqf Act in India, like funding Educational Support -Hamdard Foundation, this institution provides affordable education and scholarships to thousands of students, particularly from marginalized communities.

it also expanded its medical outreach programs, offering free healthcare camps in rural areas called Waqf-Funded Hospitals example the Princess Durru Shehvar Children’s and General Hospital,   has been a lifeline for low-income families. 

In early 2025, news reports highlighted its role in providing free surgeries to over 500 children with congenital defects. Following its contribution to floods in Kerala in mid-2024, the Kerala State Waqf Board mobilized resources to effectted areas, distributing aid worth millions of rupees, including temporary housing in waqf-owned buildings.

 In 2024, the Rajasthan Waqf Board allocated additional resources to restore historical structures-Ajmer Sharif Dargah, a major pilgrimage site, is maintained through waqf funds under the Waqf Act, ensuring its cultural and spiritual significance endures, also supporting local economies through pilgrimage tourism.

In 2023 in tamil Nadu, a waqf-funded program launched in 2023 by the State Waqf Board training over 300 widows and divorced women in vocational skills like tailoring and computer litera. the Act, uplift vulnerable groupsof the society. 

In recent year," The Darul Yatama orphanage" in Lucknow which they  provides free education, food, and shelter for orphaned children, giving them a hope of future, 

These are  few examples that  reflect the Waqf Act’s practical contributions to society, from education and healthcare to disaster relief and cultural preservation. While challenges like mismanagement persist and are often highlighted in parliamentary debates.

The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, and was passed by both the Lok Sabha and Rajya Sabha in early April 2025, following a detailed review by a 31-member Joint Parliamentary Committee (JPC) chaired by BJP MP Jagdambika Pal. The bill amends the Waqf Act of 1995, which governs properties dedicated for religious and charitable purposes under Islamic law in India. Union Minority Affairs Minister Kiren Rijiju renamed the amended legislation the "Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995" (UMMEED Act) during parliamentary debates, highlighting its focus on modernization, transparency, and efficiency                                      

"Under the Waqf (Amendment) Act, 2025, a property can only be recognized as Waqf through an official declaration or endowment, requiring formal documentation, and not merely by historical use or implied dedication. For instance, the 1976 Supreme Court case of Syed Mohd. Salie Labbai v. Mohd. Hanifa emphasized that a valid Waqf requires clear intent and formal dedication by the waqif, aligning with the amendment’s intent to eliminate 'Waqf by user' claims."

Before a property can be waqf by any one,  from different belief system but now, according to the "UMMED" a person who have practiced Islam for at least 5 years can declare waqf.  It has also introduced an inheritance right to women- where "waqf-alal-aulad" cannot deny inheritance rights to female heirs.

Back then Survey officer was appointed to inspect the state waqf property, the survey used to be financed by the state government, the officer after thoroughly inspecting, submit all the survey documents to State government & to waqf board then the state govt. make a list of the waqf property in the state and publish a gazette notification, if one disagree, they had 1 year limitations period to approach to the waqf tribunal, in case of property dispute the tribunal decision were considered the final and one can only approach high court/ supreme court for legal error or constitutional matter.      

now, according to 2025 amending act, the survey of waqf property will only be done by District Collector, Where if a Government Property is identified as Waqf, the collector will submit a report to the state government for review, Until then the state will determine its ownershipif waqf board or any party disagree with the decision of collector, then they can approach to waqf tribunal- if unsatisfied with its judgement, they can further approach to higher court within 90 days period. until then the state Will determines its ownership, once the report is in favour of State government, then the property will be removed from waqf  list and wil come under State ownership and then the revenue records Will be updated to state.

According to "The section 107 of waqf ACT 1995" says-"the Waqf Board isn’t bound by the Limitation Act, 1963." It means that the waqf board has no limitation period and can claim waqf properties in any given Time.

Back then if waqf board claim a private property to be a waqf, then the individual has 1 year period to approach to tribunal board.                                                

But after 2025, as per the Waqf (Amendment) Act, 2025, the rules regarding adverse possession have been clarified. The Limitation Act, 1963, does not automatically apply to Waqf properties unless specified by the amendment, and any disputes over occupancy must be resolved through the Waqf Tribunal within the stipulated time frame, typically 1 year from the claim, as determined by the Tribunal’s jurisdiction. The Waqf Board retains its authority to reclaim properties, subject to judicial review.

According to the Waqf board (state based), the board composition includes a diverse membership, with representation including non-Muslim members, women, and members from Shia, Sunni, Bohra, Agakhani communities, and other backward classes, as per the updated provisions of the 2025 amendment. The exact number and specific categories may vary by state and require reference to the official amendment text.

1) 1 Chairperson that will be elected by the members (approved by state).

2)1-2 Muslim MPs/MLAs (elected).

3)1 Muslim Bar Council member (elected).

4)2 local Muslim representatives (municipal/Panchayat, elected).

5)2+ women (nominated), up to 2 non-Muslims (nominated, post-2025 amendment).Rest: Muslim scholars, mutawallis, Shia/Sunni/Bohra representatives (nominated by state).

According to the Waqf board (state-based), 2 out of 11 members will be non-Muslim members, and at least 2 Muslim members must be women, with at least 2 members from Shia and Sunni, 2 members from Bohra and Agakhani communities, and 1 from other backward classes. 

1) Chairperson: Elected by members and approved by the state.

2) 3 MPs: 2 Lok Sabha MPs and 1 Rajya Sabha MP, representing diverse regions.

3) Waqf Board representatives: Senior members or Chairpersons from two states (e.g., Tamil Nadu and Maharashtra). 

4)2 Advocates: Senior Muslim lawyers from major cities (e.g., Delhi and Mumbai).

5)2 Muslim organization representatives: One Sunni scholar and one Shia leader.

6)10 Nominated members: Including 5 Muslims (scholars, administrators) and 5 others, with at least 2 non-Muslims (e.g., a Hindu IAS officer, a Christian lawyer), of which at least 2 must be women.

7) Ex-officio members: Including a Union Minister, senior government officials, and other statutory positions as per the amendme. 

As of now, the muslim law expert has been removed and There will be 3 members per tribunal-

1) Chairman that can be judicial officer (District Judge, Sessions Judge, or Civil Judge Class-I rank).Appointed by the state government.Does not have to be Muslim.

2)Civil Servant- A state officer equivalent to an Additional District Magistrate (ADM). Appointed by the state government.Does not have to be Muslim.

This Bill empowers the central government to make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards. the government can get these audited by the CAG (Comptroller and Auditor General) or a designated officer.

The Objectives of the government, led by the NDA, defends the bill as a means to address longstanding issues in waqf property management, such as encroachments,mismanagement, and legal disputes.   

                                         [AMIT SHAH-UNION HOME MINISTER (BJP)]

Union Home Minister Amit Shah assured during debates that the bill does not interfere with religious practices and aims to ensure transparency and accountability (Waqf Bill passed in Lok Sabha). Controversies and Opposition arose calling the parties like Congress, AIMIM (All India Majlis-e-Ittehadul Muslimeen) and Shiromani Akali Dal (SAD) label it “anti-Muslim” and “unconstitutional.” 

These petitions argue that the amendments violate fundamental rights under the Indian Constitution, including Articles 14 (equality before the law), 15 (prohibition of discrimination), 25 (freedom of religion), 26 (freedom to manage religious affairs), 29 (protection of minority rights), and 300A (right to property).

 [ASADUDDIN OWAISI, MP (AIMIM party)]

These amending bill reflect widespread discontent among Muslim communities and opposition parties, who view the bill as infringing on religious autonomy and takes away the constitutional rights to practice their own religion, A agitation of protest can be seen in states like West Bengal, Gujarat, Tamil Nadu, Karnataka, Rajasthan, Bihar, Telangana, Maharashtra, Andhra Pradesh, and Kerala where  people wore black armbands during the protest or special prayers against the bill.

Though the the Waqf (Amendment) Bill, has been signed into law by  President draupadi murmu, it has been challenged in the Supreme Court of India following its passage in Parliament. with several petitions filed in the Court questioning its constitutional validity.The Supreme Court’s decision will determine the fate of these amendments. For now, the legal battle reflects broader debates over a reformation to religious intervention, and what's equality under Indian law.