Supreme Court Hears Petitions Against Waqf Act, 2025: Key Constitutional Issues Explained for CLAT Aspirants
Introduction
On April 16, 2025, the Supreme Court of India heard a batch of 65 petitions challenging the newly amended Waqf Act, 2025. The case raises several significant constitutional and legal questions involving religious freedom, minority rights, property law, and administrative justice.
The matter is being closely followed in legal circles and offers an excellent case study for students preparing for CLAT 2026, especially those studying at CLAT Gurukul, the Best CLAT Coaching in Patna and a leading provider of online coaching for CLAT across India.
Why in News?
The Supreme Court deferred its interim order on April 17 to May 5, after the Union Government sought time to file an affidavit defending the amendments to the Waqf Act, 2025. The court observed that until the next hearing:
- The government will not appoint non-Muslims to Waqf boards, and
- It will not change the character or status of Waqf properties.
Point-Wise Summary of Legal Issues Raised
- The Core Challenge:
- The petitions have been filed by political leaders and religious groups, including:
- Asaduddin Owaisi (AIMIM),
- Mahua Moitra (TMC),
- Manoj Kumar Jha (RJD),
- Zia Ur Rehman (SP),
- Maulana Mahmood Madani (Jamiat Ulama-e-Hind),
- And others.
- A three-judge bench, led by CJI Sanjiv Khanna, heard the matter.
- Key Issues Raised by Petitioners
- Omission of “Waqf by Use”:
- “Waqf by use” refers to land or property used for Muslim religious or charitable purposes over a long time, even if not formally registered as Waqf.
- The 2025 law omits this concept and states:
- Only properties formally registered as Waqf will be protected.
- In case of dispute or claim by the government, the land won’t be treated as Waqf unless registration exists.
- Concerns:
- Many old mosques and graveyards that have been used for centuries may lose Waqf status if not registered.
- CJI Khanna acknowledged this by observing that such properties may be difficult to register even if used as Waqf for 300 years.
- Powers of the District Collector:
- Under the new law, if a district collector declares that a Waqf property is government-owned, it ceases to be Waqf, even before court adjudication.
- The SC may consider staying this provision, given its wide implications on religious rights and property rights.
- Inclusion of Non-Muslims in Waqf Boards:
- The 2025 amendment allows non-Muslims to be appointed to Waqf Boards and the Waqf Council.
- Arguments Against:
- Violates Articles 26(b), 26(c), and 26(d), which protect the rights of religious denominations to:
- Manage religious affairs,
- Own and acquire property,
- Administer such property in accordance with the law.
- Petitioners contend that non-Muslims cannot represent or manage Muslim endowments.
- Violates Articles 26(b), 26(c), and 26(d), which protect the rights of religious denominations to:
- Justice Khanna questioned the Centre:
“Are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards?”
- Additional Legal Concerns:
- Applicability to Private Trusts:
- The Act may apply to private Waqf properties too, making them subject to board jurisdiction even if not publicly notified.
- Critics argue this violates the autonomy of private charitable endowments.
- Retrospective Impact:
- Some provisions may have retrospective effect, thereby altering the nature of properties already deemed Waqf over decades or centuries.
Constitutional Dimensions for CLAT Aspirants
- Article 26 – Freedom to Manage Religious Affairs:
- Petitioners cite this to argue that religious denominations have exclusive rights over their institutions and properties.
- Sub-clauses protect:
- (a) Establishment and maintenance of religious institutions,
- (b) Management of religious affairs,
- (c) Ownership and acquisition of property,
- (d) Administration of property.
- Landmark Precedents Referenced:
- Ayodhya Judgment (2019) – Recognized “Waqf by use” as a valid legal concept.
- Sabarimala Case (2018) – Dealt with who can participate in religious affairs.
- These precedents help interpret scope of religious autonomy.
Explanatory Notes on Key Terms (For CLAT Understanding)
Term | Explanation |
Waqf | A permanent dedication of property by a Muslim for religious, pious, or charitable purposes. |
Waqf Board | A statutory body that manages and regulates Waqf properties in a state. |
Waqf by Use | Land or property that, although not officially registered, has been continuously used for Waqf purposes. |
Article 26 | A constitutional right allowing religious denominations to manage their own religious affairs. |
District Collector’s Power | Under the 2025 law, a collector can unilaterally declare a property non-Waqf without court ruling. |
Affidavit | A written statement submitted under oath to a court. |
Relevance for CLAT 2026 Aspirants
This case is extremely relevant for those preparing for law entrance exams like CLAT because it directly tests:
Legal GK & Current Affairs:
- Stay updated with evolving legal issues and constitutional challenges.
Legal Reasoning:
- The Act’s clash with Article 26 rights is ripe for legal reasoning passages.
Comprehension Practice:
- Ideal for reading passages involving minority rights, religious freedoms, or legal conflicts.
Essay/Opinion Topics:
- “Should religious boards be allowed to include members from other religions?”
- “Legal protection of unregistered religious properties in India.”
Conclusion
The Supreme Court’s review of the Waqf Act, 2025 touches on key constitutional principles: freedom of religion, protection of minority rights, and administrative fairness. The outcome will have far-reaching implications on the governance of religious endowments and interplay between state authority and religious autonomy.
For law aspirants preparing at the Best CLAT Coaching in Patna or through online coaching for CLAT, this case is a real-time example of how constitutional provisions, religious freedom, and property rights collide and evolve within India’s democratic setup.
CLAT Gurukul Perspective
At CLAT Gurukul, we take pride in breaking down such complex developments into student-friendly insights. Whether you are studying landmark cases, understanding constitutional articles, or practicing reading comprehension, our classes connect law with reality.
If you’re preparing seriously, join the best online coaching for CLAT today or visit our center for the Best CLAT Classes in Patna.
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