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About the Waqf (Amendment) Act, 2025:
- The Act introduces several major changes, including:
- De-recognition of “waqf-by-user” properties (i.e., religious properties used as waqf for generations without formal documents).
- Inclusion of non-Muslims in the Waqf Boards and Central Waqf Council.
- Government officers (like the Collector) have the power to decide whether a property is waqf or government land.
Key Concerns Raised by the Supreme Court
- De-recognition of Waqf-by-user: CJI Khanna noted that many mosques and waqf lands date back centuries, often without registration. Denotifying them now could be unfair and practically impossible.
- State control over waqf property identity: The Court questioned how government officials could be allowed to decide whether a property is waqf, raising concerns about bias and lack of neutrality.
- Appointment of non-Muslims to waqf bodies: The Court questioned the logic and fairness of allowing non-Muslims to be members of bodies managing Islamic religious endowments, especially when Hindu endowments are managed exclusively by Hindus.
- Suspension of waqf status until official report: The Court asked what happens to rent and income from a waqf property during the suspension period.
Proposed Interim Suggestions by CJI (Not Passed Yet)
- Waqf properties already recognised by courts should not be de-notified for now, including waqf-by-user.
- The government may verify ownership, but suspension of waqf use during verification should be stayed.
- Non-Muslims can be ex-officio members of the Waqf Council/Boards only if the majority are Muslims.
