Waqf Amendment Act 2025 petitions: District Collector powers, non-Muslim board members, and Article 26 religious rights—step-by-step compliance for trusts.
Table of Contents
- Key Amendments Under Challenge
- Article 26 Clash: Religious Denominations’ Autonomy
- Supreme Court Petitions Timeline
- Step-by-Step Compliance for Waqf Trusts
- Implications and 2026 Roadmap
The Waqf (Amendment) Act 2025, assented April 5, 2025, reforms property management but sparked 65+ Supreme Court petitions alleging violations of Articles 14, 25, 26, and 300A by empowering District Collectors (DCs) to deem disputed land non-waqf and mandating non-Muslim representation on boards. A September 15, 2025 interim order stayed select provisions without striking the Act, amid ongoing hearings clubbed as “In re: Waqf (Amendment) Act 2025”. This article covers key challenges, constitutional flashpoints, case timeline, and practical compliance roadmap for waqf trusts navigating uncertainties.
Key Amendments Under Challenge
The Act amends the 1995 Waqf Act to enhance efficiency: digitization, surveys, women’s inclusion, but petitioners target:
- DC Powers (S.3D, 3E, 40): DC inquiry deems government land non-waqf; overrides board decisions on disputes.
- Board Composition (S.9,14): State Waqf Boards/Central Council include non-Muslims (2/10 members), ex-officio officials; petitioners claim Art 26 infringement.
- Waqf Creation (S.3(r)): Only by practicing Muslims (5+ years); no “waqf by user” for ancient sites.
- Registration/Surveys: Mandatory Centralized Portal; appeals to Tribunal then HC.
Centre defends as secular regulation, not religious interference.
Article 26 Clash: Religious Denominations’ Autonomy
Article 26 grants religious groups rights to manage institutions; petitioners argue non-Muslims dilute Muslim autonomy in waqf affairs (akin to temple boards). DC overrides seen as executive overreach violating Art 300A (property deprivation without law) and Art 14 (arbitrariness).
SC precedents (Shirur Mutt, 1954) permit regulation but not internal management intrusion; 2025 interim stayed DC powers pending merits. Petitions by AIMPLB, Owaisi, JUH cite discrimination vs. Hindu endowments.
Supreme Court Petitions Timeline
Over 65 writs filed post-assent; clubbed April 17, 2025.
- Apr 5, 2025: Presidential assent.
- Apr 16-17: First hearing (CJI Khanna bench); clubs 5 lead petitions (Owaisi v. UOI, Madani, etc.); Centre reply ordered.
- Apr 28: Rejects standalone plea; directs intervention.
- May 20: Adjourned interim relief; SG Mehta opposes stay.
- Sep 15, 2025: Landmark interim—stays DC powers, non-Muslim mandates partially; no full voiding; merits tagged.
- Feb 2026 (Ongoing): Continued hearings; 6 BJP states (HR, MH, etc.) intervene supporting.
Next: Full constitutionality post-replies.
Step-by-Step Compliance for Waqf Trusts
Pending final ruling, adhere to stayed/unstayed parts; use pre-1995 Act where ambiguous.
- Assess Status: Inventory properties; classify registered/unregistered/waqf-by-user via old S.3(r).
- Portal Registration: Mandatory under S.23A (unstayed); upload deeds, surveys by Aug 2026 deadline or face lapse.
- Dispute Handling: For claims, apply to Board (S.33); if DC-involved, seek HC stay citing interim order.
- Board/Governance: Elect Muslim-majority interim; non-Muslim clause stayed—document decisions.
- Survey/Audit: Cooperate with District Waqf Officer; appeal erroneous exclusions to Tribunal (S.83).
- Litigation Prep: File interventions in SC batch; RTIs for state surveys; model suit for Art 26 relief.
- Annual Reporting: File under S.104; digitize for audits.
Compliance Checklist:
Implications and 2026 Roadmap
Interim stay halts aggressive reforms; merits may uphold digitization but trim DC/non-Muslim powers. Trusts: Digitize proactively; ally with AIMPLB for amicus. For SEO: “Waqf Act 2025 compliance checklist post-SC stay.”
Act promises efficiency (3L+ properties mismanaged) but risks politicization; balanced ruling could standardize endowments sans autonomy erosion. Monitor Feb 2026 hearings for updates.
