Authored by Divya S. Sohoni
The Waqf (Amendment) Act, 2025: Balancing religious freedom and state control
The Indian regulation, The Waqf (Amendment) Act, 2025, is the most recent piece of legislation which brings about a sea change in the manner in which religious endowments were treated under Indian law. In Islamic law, “waqf” is a religious endowment in which the dedicant declines to take back the donated property. Such assets traditionally have helped fund the upkeep of mosques, schools, and orphanages, as well as city-wide initiatives that aid elderly residents, help prisoner’s renter society and support veterans. India has the largest Waqf system after Saudi Arabia in the world, though it has been riddled for long by mismanagement, illegal encroachment and lack of transparency in the procedural matters.
The 2025 amendments aim to cure such defects by introducing mandatory electronic trail of Waqf properties through the UMEED portal. The new rules also give governing Waqf Boards more power and enforce more rigid compliance deadlines. Officials say the changes are necessary to bring greater transparency and modern management. Critics argue the bill undermines the autonomy of religious communities and is inconsistent with protection of religious practice, and the right for religious institutions to self-governance as enshrined under Articles 25 and 26 of the constitution.
The questions raised by this debate are not simply about how to best manage the affairs of religion. The Act has provoked considerable judicial controversy and public debate as constitutional petitions are headed to the Supreme Court.
Relevant Legal Principles and Case it was Considers to here are some Judicial decisions:
The Indian jurisprudence, has been instrumental in shaping the privileges and restrictions relating to the Muslim Waqf properties and the Waqf Boards. Let’s look at some of the biggest judicial rulings to get a sense of where the controversies lie:
Board of Muslim Wakfs v. Radha Kishan (1979)
The Waqf, the apex court held, ‘when consecrated is inalienable’, and must be used for the objects enjoined by his dedicatory, until its end of dedicated use. This ruling followed a similar ruling in 1958, reiterating the sanctity of such properties, which can neither be sold nor used for any other purpose.
M.P. Wakf Board v. Subhan Shah (2006)
The courts stressed that as trustees of communal property, the Waqf Boards are under a duty to act fairly and must take steps to ensure that the Waqf property is managed properly. The ruling highlighted the need for a check on power, and provided a jurisprudential precedent for the 2025 reforms.
Supreme Court Interim Order (September 2025)
Responding to constitutional challenges, the court suspended the provisions relating to the immediate registration of all Waqf properties on the UMEED portal. Petitioners submitted that the timelines were impracticable and infringed on their constitutional rights to the religious self-management. The state Supreme Court’s active intervention highlights a thorniest and fundamentally constitutional tension involving state regulation and religious autonomy.
All India Imam Organisation v. Union of India (AIR 1993)
Although it predates the present amendments, it is yet relevant. The Court obviously recognized the power of religious functionaries to govern their institutions, in other words, and cautioned against overintense state regulation.
These decisions show the continued struggle of courts to balance communal interests, property law, and constitutional rights.
Constitutional Framework
In considering the Waqf (Amendment) Act 2025, you are required to look at the relevant constitutional provisions:
• Article 25 offers the freedom of conscience and the right to voluntarily follow/observe or propagate one’s religion.
• Article 26 permits denominational groups to acquire and manage institutions for religious and charitable activities.
• Article 300A protects the Right to property and that no one shall be dispossessed his property except by the procedure established by law.
The amendments are shrouded in doubt if the compulsory state supervised registration and administration of the Waqf properties contravenes with these constitutional rights. Advocates say it deals with administration issues, not religious observances, and so is constitutionally sound. They believe the management of property is essential to the free exercise of religion, and that government intrusions are erosive of 25 and 26.
Wider Social and Legal Consequences
The amendments have implications that go somewhat beyond the letter-of-law:
• Greater Transparency and Control: The digital registration requirements are designed to curb corruption and illegal encroachment.
• Concerns from Community: Religious leaders say the reforms will curtail religious autonomy and add administrative challenges in managing property.
• Litigation Issues: The reforms may settle some disputes, but they may also make certain legal battles more complicated with additional procedural layers . • Secularism Touch: The Act invokes major questions about India’s claim to be a secular state—whether it can regulate religious endowments or must leave such matters entirely up to communities.
Conclusion
The Waqf (Amendment) Act, 2025, goes beyond amendment of procedural laws and touches upon the core constitutional values. With the stated intent of making Waqf administration more efficient through so-called electronic infrastructure, the Act oxygenates the negative elements of that process.
It is now up to the courts. It’s not hard to imagine that upholding the Act might subject religious institutions in other communities to similar governmental regulation. Alternatively, if found to be invalid or substantially curtailed, it would be a powerful reaffirmation of constitutional protections religious autonomy.
The fundamental challenge is to strike the balance, so as to enable the Waqf properties to perform their religious and charitable functions, on the one hand, and not to impair constitutional protections governing, on the other hand. Pending litigation will define not just the parameters of waqf governance, but also the shape, more broadly, of India’s secular democratic framework.
References
Statutes & Government Sources
- Waqf Act, 1995 (Bare Act – Government e-Gazette) https://egazette.nic.in
- Waqf (Amendment) Bill/Act – Press Information / PIB Releases https://pib.gov.in
- Ministry of Minority Affairs – Waqf Information & Schemes https://minorityaffairs.gov.in
- UMEED Digital Portal (Waqf Property Records)
https://waqf.gov.in
Supreme Court & High Court Judgments
- Board of Muslim Wakfs v. Radha Kishan (1979) – Supreme Court Judgment
https://indiankanoon.org/doc/1400407/ - M.P. Wakf Board v. Subhan Shah (2006) – Supreme Court Judgment
https://indiankanoon.org/doc/604001/ - All India Imam Organisation v. Union of India (1993)
https://indiankanoon.org/doc/919233/ - Supreme Court Interim Order on Waqf Amendments (2025, pending petitions)
(Report from LiveLaw)
https://www.livelaw.in
Articles, Reports & Commentary
- Waqf Reform Debate – The Hindu
https://www.thehindu.com - Waqf Property Management Issues – Indian Express
https://indianexpress.com - Waqf Act Review – PRS Legislative Research
https://prsindia.org
Constitutional Provisions
(Official Constitution of India – Government of India link)
https://legislative.gov.in/constitution-of-india
Frequently Asked Questions
1. What is Waqf property?
Waqf (endowment) is the permanent dedication of a part of the property by a Muslim for religious or charitable purposes such as mosque, school, hospital, etc.
2. Why the 2025 amendments?
The reforms aim at bringing more transparency in the Waqf management and also to streamline the process of its registration through UMEED, a digital platform.
3. Does the Act offend Articles 25 and 26?
Critics argue the law could infringe on constitutional rights to religious freedom, but officials say it deals with the management of property, not religious practice.
4. Does the Act apply to property litigation?
The Act strengthens the control of the Waqf Board and makes registration compulsory, which would help in weeding out bogus claims and in settling pending ones.
5. How does the judiciary intervene in Waqf issues?
The judiciary monitors that legislative actions are in line with constitutional rights and does not stray too far from regulating or even curbing religious practice too heavily.
