SC Upheld Waqf (Amendment) Act, 2025

The Supreme Court Upholds Waqf (Amendment) Act, 2025: Balancing Minority Autonomy and Government Oversight

In a landmark decision delivered on September 16, 2025, the Supreme Court upheld the Waqf (Amendment) Act, 2025 while striking down select provisions to balance transparency in Waqf management with safeguarding minority rights. Among the most contentious changes was the Act’s requirement that district collectors would determine ownership of disputed Waqf properties — a provision stayed by the Court pending further inquiry.

At the heart of this debate lies the evolving tension between two legitimate but conflicting imperatives: the autonomy of minority institutions versus the state's obligation to enforce equitable and accountable governance over public assets. Waqf properties, covering nearly 6 lakh acres of land valued at over ₹2 lakh crore, represent India’s largest repository of community-owned resources dedicated to religious and charitable purposes.

What Changes Did the Amendment Introduce?

The Waqf (Amendment) Act, 2025 introduced structural changes to the governance of Waqf properties, ostensibly aimed at improving administrative efficiency and preventing the misuse of religious endowments:

• Collector’s Authority: District collectors replaced survey commissioners to oversee Waqf property identification. Any government property identified as Waqf would cease to be so until ownership disputes are resolved.
• Representation in Waqf Administration: Non-Muslim members were mandated in both the Central Waqf Council (12 out of 22 seats) and State Waqf Boards (7 out of 11 seats). The SC capped these at 4 and 3, respectively.
• Women’s Inheritance and Property Dedication: Practicing Muslims can once again dedicate properties to Waqf only if women have received their rightful inheritance first.
• Audit Requirements: Institutions earning over ₹1 lakh annually must undergo mandatory audits by state-approved auditors.

While the attempt to introduce inclusivity and standardize governance mechanisms has merit, several provisions sparked constitutional challenges, especially those concerning religious autonomy and the unprecedented role assigned to revenue officials in determining Waqf disputes.

The Case For Inclusion and Reform

Advocates of the 2025 amendments argue that decades of mismanagement, opaque accounting practices, and disputes over encroachment have stymied the socio-economic potential of Waqf properties. According to reports from the Central Waqf Council, nearly 50% of registered Waqf properties remain embroiled in administrative or legal disputes, rendering them unusable for the communities they are meant to serve.

Mandating representation of non-Muslims and backward Muslim classes in Waqf administration reflects an attempt to make the boards more diverse and inclusive. This is critical: in states like Uttar Pradesh, which houses 27% of India’s Waqf properties, political interference in Waqf decisions has often been linked to patronage networks dominated by narrow elite groups. Broadening membership may introduce transparency into decision-making.

Similarly, audit mandates for institutions earning above ₹1 lakh annually and the creation of a centralized digital portal for property management could reduce corruption and promote accountability. While symbolic, restoring women’s inheritance rights before property dedication may correct historical gender biases within Islamic jurisprudence and advance equality arguments.

The Case Against Overreach

Critics, however, view key sections of the Act as administrative overreach that risks undermining minority autonomy. The provision empowering district collectors to adjudicate ownership disputes is emblematic of this concern. The Supreme Court rightly stayed portions of Section 3C, calling the power to strip Waqf status of a property before conclusive inquiry “prima facie arbitrary.” One troubling implication is the specter of politically motivated decisions by state officials in regions where communal tensions persist. This sets a worrying precedent for minority autonomy over religious institutions.

The requirement for non-Muslim members in administrative bodies introduces another fault line. While intended to foster inclusivity, critics argue this risks diluting the distinctive religious character of Waqf administration — particularly in states where non-Muslims dominate administrative and political power structures. The Supreme Court’s decision to cap non-Muslim membership reflects the need for checks on this erosion of minority autonomy.

Similarly, while the deletion of “waqf-by-user” protects government interests from arbitrary property claims, critics argue the retrospective application of this provision could disrupt established community spaces constructed without formal deeds — especially in rural areas with limited access to legal expertise.

Lessons from International Precedents: A Look at Turkey

Turkey, home to a massive Waqf infrastructure under its Directorate General of Foundations (Vakiflar), offers an instructive comparison. Following modernizing reforms under Atatürk, Turkey secularized Waqf administration but retained stringent laws protecting properties as inviolable trusts. Government oversight extends only to financial audits, with operational autonomy retained by Islamic boards.

The results have been mixed. While secular governance improved transparency, over-centralization led to accusations of bureaucratic inefficiency and loss of local religious character. India, in its attempt to emulate elements of Turkish oversight, must tread cautiously to avoid replicating these pitfalls in states with distinct community dynamics.

Where Things Stand

The Supreme Court’s decision reflects an attempt to strike balance in a thorny policy space. By staying provisions such as the unrestricted power of district collectors, the Court has safeguarded minority religious institutions from excessive state intervention. At the same time, capping non-Muslim representation ensures that inclusion does not lead to the dilution of autonomy.

Yet concerns linger. The centralized portal and audit mechanisms remain promising on paper but depend heavily on implementation competence. Similarly, state-level Waqf boards vary dramatically in organizational capacity, raising doubts about uniform outcomes nationwide. It remains to be seen whether transparency gains offset fears of political misuse.

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