Supreme Court to Hear Petitions Challenging Waqf (Amendment) Act, 2025
- ByAdmin --
- 09 May 2025 --
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In a major development, the Supreme Court of India has agreed to hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petitions, filed by various citizens’ groups, religious organizations, and individual landowners, raise serious concerns regarding property rights, equality before law, and alleged encroachment of citizens’ fundamental rights. The case is poised to test the balance between minority rights and constitutional guarantees of equality and property under Indian law.
Background
The Waqf Act, 1995, originally enacted to regulate waqf properties in India, provides for the establishment of Waqf Boards to oversee and manage waqf assets. Waqf, in Islamic law, refers to a permanent dedication of property for religious, charitable, or pious purposes. The Waqf (Amendment) Act, 2025, passed recently, introduced several controversial provisions. Notably, it expanded the definition of waqf property, granted greater powers to Waqf Boards to identify and notify properties as waqf land, and restricted civil courts from entertaining disputes related to waqf properties without prior permission from Waqf Tribunals.
Petitioners argue that these amendments violate citizens’ fundamental rights under the Constitution, particularly in cases where private property is allegedly declared waqf without sufficient notice, hearing, or compensation.
Key Legal Challenges Raised
The petitions filed before the Supreme Court raise the following main constitutional issues:
- Violation of Article 300A - Right to Property:
Petitioners argue that arbitrary declaration of private land as waqf property without due process violates the constitutional guarantee under Article 300A ("No person shall be deprived of his property save by authority of law"). - Violation of Article 14 - Equality Before Law:
The wide powers given to Waqf Boards are claimed to create an unequal and arbitrary legal framework favoring one religious group, violating the principle of equality enshrined in Article 14. - Violation of Article 25 and 26 - Freedom of Religion:
Several petitioners assert that while the Constitution protects religious freedom, it does not authorize religious institutions to infringe upon individual property rights. - Restriction on Judicial Review (Article 32 and 226):
Petitioners challenge the provision limiting civil court jurisdiction, arguing that barring access to regular courts undermines the basic structure of the Constitution, which includes judicial review.
Relevant Statutory Framework
The challenge involves the interpretation and potential clash of several important legal provisions:
- Waqf Act, 1995 (as amended by the 2025 Act):
- Expanded powers of Waqf Boards under Sections 40 and 54.
- Civil courts barred from entertaining waqf property disputes without Tribunal approval (Section 85).
- Constitution of India:
- Article 14: Right to Equality
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion
- Article 26: Freedom to manage religious affairs
- Article 32: Remedies for enforcement of fundamental rights
- Article 300A: Right to Property
- Article 226: Power of High Courts to issue writs
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (referred for standards of acquisition and compensation).
Supreme Court's Preliminary Observations
In admitting the petitions, the Supreme Court emphasized that:
- The petitions raise important questions on property rights vis-à-vis religious freedoms.
- Protection of religious trusts must be balanced with citizens’ constitutional rights.
- Any law that attempts to exclude regular courts from jurisdiction must meet the test of reasonableness under constitutional scrutiny.
The Court has issued notices to the Union of India, Central Waqf Council, and respective State Waqf Boards, seeking their replies within a stipulated time. It also observed that until further orders, any fresh identification of properties under the amended Act must not culminate into dispossession without court approval.
Potential Implications
The outcome of this case could have far-reaching consequences for several stakeholders:
- Landowners’ Rights:
The ruling could significantly impact the rights of private landowners affected by waqf declarations.
- Power of Religious Institutions:
The judgment may redefine the extent to which religious institutions can exercise control over property in a secular constitutional framework.
- Future of Property Law in India:
The case could revisit and reinforce principles concerning property rights under Article 300A post the abolition of the fundamental right to property in 1978.
- Judicial Review Strengthened:
A strong stance by the Court could reaffirm that legislative actions attempting to oust judicial scrutiny will be narrowly interpreted.
Conclusion
The Supreme Court’s decision to hear challenges against the Waqf (Amendment) Act, 2025, sets the stage for a pivotal constitutional battle. At its core, the case is not merely about religious trusts but about ensuring that statutory bodies operate within the constitutional mandates of equality, fairness, and due process. As India grapples with questions of minority rights and property protection, this case could become a cornerstone in the evolving landscape of constitutional law.
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