Published On: July 12, 2026
Authored By: Medha Popuri
Mahindra University
Abstract
The institution of waqf occupies an important place in Islamic law and has long contributed to religious, charitable, and social welfare activity in India. In this context, Parliament’s passage of the Waqf (Amendment) Act, 2025 has triggered one of the most significant constitutional debates of recent years — one that tests the balance between administrative reform and the religious autonomy of a minority community. This article critically examines the Act’s key amendments and their constitutional and legal implications.
I. Introduction
A waqf is generally understood, under Islamic law, as a permanent dedication of movable or immovable property for pious, religious, or charitable purposes.[1] In India, waqf properties include educational institutions, orphanages, mosques, graveyards, and other charitable institutions.[2] Given their social and religious significance, waqf properties have long been subject to statutory regulation. The principal governing law is the Waqf Act, 1995, which established State Waqf Boards and a Central Waqf Council to supervise, manage, and protect waqf properties. Despite these measures, the system has struggled with mismanagement, encroachments, poor documentation, and long-running disputes over land ownership. Successive governments and stakeholders have repeatedly called for reforms to improve transparency and accountability in waqf administration.
Against this backdrop, Parliament passed the Waqf (Amendment) Act, 2025, introducing major changes to the registration of waqf properties, their governance, representation on waqf bodies, and the process for establishing waqf status. Some changes have been welcomed as overdue improvements aimed at curbing misuse of waqf property; others have been challenged as infringements on religious autonomy and minority rights guaranteed by the Constitution. This article reviews the Act’s significant amendments and considers their constitutional and legal implications.
II. Waqf Administration Before the 2025 Amendment
Before 2025, waqf administration was governed mainly by the Waqf Act, 1995 (as amended in 2013).[3] The Act established State Waqf Boards to register waqf properties, prevent encroachments, supervise management, and ensure that income from waqf properties was applied to charitable and religious purposes. The Central Waqf Council functioned as an advisory body to the Central Government, overseeing the work of the State Waqf Boards.[4] The legal framework also recognised “waqf by user” — a doctrine under which property could be deemed waqf on the basis of long-standing religious use, even without formal documentation.[5] Despite these provisions, many waqf properties remained undocumented and vulnerable to encroachment and ownership disputes, while corruption, weak governance, and inefficiency continued to erode public trust in waqf institutions — concerns that ultimately drove demands for reform.
III. Digitisation and Registration Reforms
One of the most significant changes introduced by the Waqf (Amendment) Act, 2025 is a shift toward digitisation and centralised registration of waqf properties.[6] The amendment envisions a comprehensive database recording the ownership, location, nature, and management of waqf assets. The government has argued that this will improve transparency, reduce opportunities for corruption, and make nationwide monitoring of waqf properties more effective.[7] The need for digitisation is particularly acute given the sheer number of waqf properties and the absence of reliable systems to maintain records under the older, paper-based approach. Proponents argue that digitising property information will help reduce disputes and build public confidence in waqf administration. At the same time, concerns remain about the difficulty of updating historical records and the risk that genuine waqf properties could be excluded on technical or documentary grounds.
IV. Inclusion of Women and Governance Reforms
A second key element of the Act is an effort to broaden representation within waqf governance bodies. The amendment provides for the representation of Muslim women on State Waqf Boards and related institutions.[8] This reform forms part of a wider push for gender inclusion, ensuring that women have a voice in the administration of religious and charitable property that directly affects their communities. From a constitutional standpoint, stronger representation for women can be seen as consistent with the principles of equality and non-discrimination under Articles 14 and 15 of the Constitution.[9] Supporters argue that women have historically been under-represented in the management of religious institutions and that their inclusion can support more balanced, accountable decision-making. Critics counter that representation alone does not address the deeper structural problems in waqf administration, and that effective implementation will be essential if this reform is to have real impact.
V. Inclusion of Non-Muslim Members
The most contested amendment in the Waqf (Amendment) Act, 2025 is the requirement that some waqf-related bodies include non-Muslim members. The government’s stated aim is to improve transparency, broaden oversight, and ensure that waqf institutions are run according to sound governance principles, with diverse backgrounds strengthening accountability and reducing administrative irregularities. Critics, however, argue that waqf institutions are inherently religious in character and should remain under the control of the Muslim community. They contend that including non-Muslim members in bodies that administer Islamic charitable endowments limits the autonomy of a religious denomination as protected under Article 26 of the Constitution. This has become one of the central grounds on which the Act is being challenged before the Supreme Court.
VI. Changes to the Doctrine of Waqf by User
The amendment also substantially reshapes the doctrine of waqf by user, which had long been significant in recognising waqf properties. The new law demands far stricter documentary evidence and formal registration, reducing the weight historically given to long-standing use. Supporters argue this reform is necessary to prevent false claims of waqf status over public and private property, and that it will bring greater legal certainty and fewer disputes.[10] Critics counter that many genuinely religious properties — particularly older structures — may struggle to establish waqf status for lack of historical documentation, raising concerns about the preservation of religious heritage and long-established charitable institutions.[11]
VII. Constitutional Analysis
The Waqf (Amendment) Act, 2025 sits at the heart of a constitutional debate over the balance between governmental oversight and religious freedom. Supporters of the legislation argue that the State retains lawful authority to intervene in the secular aspects of religious institutions — such as financial matters and property management — under Articles 25 and 26. On this view, reforms aimed at improving transparency and preventing misuse of assets represent a legitimate exercise of government power. Others argue that certain provisions go beyond regulation and amount to interference in the internal affairs of a religious community, pointing to the inclusion of non-Muslim members, expanded government oversight, and restrictions on the traditional recognition of waqf properties as threats to the autonomy of Muslim religious institutions. At its core, the dispute reflects a constitutional tension between the goals of administrative reform and the protection of minority rights.
VIII. Judicial Challenges
The Waqf (Amendment) Act, 2025 has triggered an unusually large number of constitutional challenges before the Supreme Court of India — reportedly more than 65 petitions filed by members of Parliament, civil society organisations, and religious bodies. Petitioners have challenged various provisions as violating Articles 14, 25, and 26 of the Constitution, arguing that the amendment unduly restricts religious freedom and interferes with the administration of Muslim religious institutions. In September 2025, the Supreme Court issued an interim order declining to stay the Act in its entirety, but suspending certain provisions pending further hearings — including the cap on non-Muslim members on the Central Waqf Council and State Waqf Boards, the requirement that a person must have practised Islam for at least five years before creating a waqf, and the power of government-designated officers to determine whether waqf land encroaches on government property.[12] The Court declined to stay the abolition of “waqf by user” for future waqf properties. A final ruling remains pending and is expected to have implications well beyond the waqf sector, shaping the broader relationship between the State and religious institutions, including questions of government authority over religious affairs, minority rights, and institutional autonomy.
Conclusion
The Waqf (Amendment) Act, 2025 is one of the most significant pieces of legislation affecting Muslim charitable and religious institutions in recent years. It seeks to address longstanding shortcomings in transparency and accountability through digitisation, changes to representation, stricter property verification, and expanded administrative oversight. At the same time, several of its provisions have raised serious concerns about religious freedom, minority rights, and the independence of religious institutions. How the amendment is ultimately applied — and how the Supreme Court rules on the pending challenges — will determine its long-term effect. Transparency and good governance are important goals, but they must be pursued in a manner consistent with the constitutional rights of religious communities. The Supreme Court’s eventual ruling will be significant not only for the administration of waqf but for the broader constitutional framework governing religious institutions in India.
References
[1] Mulla, Principles of Mahomedan Law (22nd edn, LexisNexis 2017) 221.
[2] Waqf Act 1995, s 3(r); Ministry of Minority Affairs, Government of India, Waqf Assets Management System of India (WAMSI), https://wamsi.nic.in, accessed 15 June 2026.
[3] Waqf Act 1995, ss 13–32.
[4] Waqf Act 1995, s 9.
[5] Punjab Wakf Board v Gram Panchayat @ Gram Sabha (2000) 2 SCC 121.
[6] The Waqf (Amendment) Act 2025, Statement of Objects and Reasons.
[7] Lok Sabha Secretariat, The Waqf (Amendment) Bill, 2025: Legislative Brief (2025).
[8] Constitution of India, art 15(3).
[9] Constitution of India, art 14.
[10] Lok Sabha Secretariat, The Waqf (Amendment) Bill, 2025: Legislative Brief 4 (2025).
[11] PRS Legislative Research, Legislative Brief: The Waqf (Amendment) Bill, 2024 3 (2024).
[12] Supreme Court of India, interim order, In re: Waqf (Amendment) Act 2025, W.P.(C) No. 269/2025 (Sept. 2025); Faizan Mustafa, Balancing Transparency and Denominational Autonomy: A Critical Review of the Waqf Reforms, 59 IND. J. CONST. L. 112, 118-122 (2025).
