Supreme Court Upholds Key Provisions of Waqf Act, Central Government Gains Ground

The Supreme Court of India delivered a significant interim verdict on April 28, 2025, concerning the Waqf Amendment Act, 2025. This ruling, which came after the court reviewed approximately 100 petitions challenging the Act’s constitutional validity, appears to favor the Central government. The two-judge bench, led by Chief Justice B R Gavai, articulated several reasons for its decision, allowing the government to maintain key provisions of the legislation.

Upon the release of the full 128-page judgment, it became evident that the Central government, represented by Solicitor General Tushar Mehta, had multiple reasons to be optimistic. The court notably refused to stay several critical elements of the Act, which the petitioners, including opposition parties, Muslim organizations, and NGOs, had contested.

Key Findings of the Supreme Court’s Ruling

The bench dismissed the petitioners’ request to stay the entire Act, stating, “No case is made out to stay the provisions of the entire statute.” Instead, it only issued a stay on a few specific clauses. This decision reflects the court’s acknowledgment that the legislature’s actions in 2025 may have been necessary to address issues of property encroachment linked to the concept of “Waqf by User.”

The Supreme Court remarked that if the deletion of waqf by user is necessary to combat rampant encroachment of government properties, it cannot be deemed arbitrary. The court highlighted a troubling situation where the Andhra Pradesh Waqf Board had designated thousands of acres of government land as waqf property, prompting the state to challenge this in court. Ultimately, the Supreme Court ruled in favor of the state, stating that these lands are vested with the state or corporation.

In its affidavit, the Central government presented compelling statistics, noting a 116% rise in waqf properties since 2013. It emphasized that prior to any amendments, a total of 18,29,163.896 acres of waqf land had been recorded in India. Alarmingly, following the 2013 amendment, an additional 20,92,072.536 acres were added over just 12 years, raising concerns about the management and registration of such properties.

The court did not issue a stay on the provision that non-registered waqfs will not be recognized, thereby reinforcing the requirement for proper registration. Additionally, the ruling confirmed that non-Muslims can now participate in Waqf Boards, with a specific structure allowing for four non-Muslim representatives in the Central Waqf Council.

Implications of the Decision

The Supreme Court’s observations included the assertion that government property should not be considered public property if wrongfully possessed. This stance underlines the court’s commitment to safeguarding state-owned assets. The ruling also upheld the removal of waqf status from monuments protected by the Archaeological Survey of India and prohibited the designation of tribal lands as waqfs.

The court reiterated the importance of maintaining a requirement for registration, a standard present in legislation since 1923. Furthermore, the bench indicated that while efforts should be made to appoint members from the Muslim community, it did not impose a stay on the requirement for ex-officio members to be non-Muslim.

Overall, this ruling by the Supreme Court not only vindicates the Central government’s stance on the Waqf Amendment Act but also sets a precedent for how waqf properties are managed and recognized in India. The implications of this decision are likely to resonate across various sectors, influencing both legal interpretations and community relations in the context of property rights and religious endowments.