Waqf Law on Trial: How the Supreme Court’s Challenge to the Amendment Act Could Reshape India’s Religious Property Rights

Summary

• Court signals protection for centuries-old “waqf by user” even without formal documentation.
• SC questions exclusionary rules while asking if Muslims could join Hindu trusts.
• National tensions rise as Murshidabad riots and political narratives deepen the debate.

A Legal Earthquake Beneath Sacred Ground

On April 16, 2025, the Supreme Court of India took an extraordinary step in reshaping the legal, religious, and constitutional framework governing waqf properties in the country. At the heart of the deliberation is the controversial Waqf Amendment Act 2025—legislation passed in Parliament earlier this month with sweeping support and even fiercer opposition.

The three-judge bench led by Chief Justice Sanjiv Khanna has cast doubt on key aspects of the law, especially its handling of “waqf by user”—a centuries-old concept that grants religious legitimacy to properties used informally as religious or charitable spaces, even if they lack written documentation.

As the court called for restraint in denotifying such properties and scheduled the next hearing for April 17, the debate extended beyond legal circles. From street protests and academic panels to political battlegrounds and media studios, India is now witnessing one of its most complex and emotionally charged constitutional battles over religion, land, and identity.

If this video can't open your eyes then we are d00med
Congress gave unlimited power to 👇

•In 1995 and 2013, WAQF Act was amended to make Waqf more powerful.

•WAQF can claim over any property and it becomes landowners job to prove his claim.

WAQF don’t need amedment, it… pic.twitter.com/bjfObr1JS5

— Mona Patel 🇮🇳🐅🌳 (@MonaPatelT) August 5, 2024

The Legal Backdrop to a National Storm

**- The Waqf Amendment Act 2025 was passed in the Lok Sabha (288-232) and Rajya Sabha (128-95) amidst fierce debate.

Introduced as a measure to bring transparency and modernization to the management of Islamic charitable assets, the Waqf Amendment Act 2025 quickly became one of the most polarizing bills of the year. The legislation shifts power dramatically: increasing control by District Magistrates, restricting waqf board eligibility to Muslims only (excluding ex-officio members), and—most controversially—removing protections for properties deemed waqf by user.

In court, the judges have expressed discomfort with this last provision. “Most of these waqfs, including some of India’s oldest mosques, were established before modern documentation,” the Bench observed. “To invalidate them now because of the lack of a deed is unjust. Legislature cannot undo judicial decisions retroactively.”

This sets up a direct confrontation between legislative intent and judicial precedent, as past Privy Council judgments had upheld such endowments. The Court, while avoiding a final ruling, proposed that no property currently declared as waqf—either by deed or by user—should be denotified until the matter is fully settled.

The Political Pulse: Riots, Resistance, and a Parliament Divided

**- Mamata Banerjee and BRS accuse Centre of using the Act to divide communities.

While the courtroom debates the fine print, India’s streets are feeling the heat. Murshidabad in West Bengal recently erupted in violence following the Act’s passage, with Mamata Banerjee accusing central agencies and the BSF of orchestrating unrest. In Hyderabad, student-led protests over adjacent land claimed as waqf turned violent, sparking further national concern.

Opposition leaders, including Congress MP Imran Pratapgarhi and AIMIM’s Asaduddin Owaisi, argue that the Act opens the door to religious discrimination by making Islamic boards exclusionary and allowing the declassification of long-standing waqf properties. “This isn’t reform—it’s reappropriation,” Owaisi stated outside Parliament.

Kiren Rijiju, on the other hand, insists the law addresses years of misuse by powerful insiders who diverted waqf land for personal gain. “Many in the Muslim community are welcoming this,” he said in an interview with ANI, “because for the first time, there is accountability.”

Yet critics remain unconvinced. The clause giving District Magistrates authority over waqf assets is particularly contentious, especially when compared with Hindu trusts, which face no such oversight.

“Would you allow Muslims to sit on Hindu temple boards?” the Chief Justice asked in court, highlighting the double standard.

Beyond the Books: Sacred History, Social Memory, and Legal Identity

**- SC underscores that “you cannot rewrite the past” in religious trusts established centuries ago.

This case is not just about paperwork or property—it’s about cultural continuity.

The Supreme Court’s tone suggests it views this matter as foundational to how India interprets its past and builds its future. By asserting that even ancient mosques and graves “can’t be asked to produce a deed,” the court is defending a deeper legal principle: historical usage, when uninterrupted and peaceful, carries intrinsic legitimacy.

Scholars of constitutional law are watching closely. “The waqf system is part of India’s plural religious legal traditions,” says Professor Faizan Mustafa. “Removing the user-based recognition will strip countless mosques, graveyards, and dargahs of protection—many of which predate our modern state.”

Student and faculty protests at institutions like AMU and Jamia Millia Islamia have argued for a “bio-cultural conservation zone” model to protect lands with deep religious and ecological value. At Hyderabad University, teachers rallied to classify disputed areas as heritage zones rather than real estate.

In Parliament, however, the Act remains defended as a “modernisation” bill aimed at de-politicizing waqf management. This contradiction—between administrative tidiness and cultural complexity—is what the court must now resolve.