Supreme Court to Issue Interim Order on Controversial Waqf Amendment Act
The Supreme Court of India is scheduled to pronounce an interim order on September 15 regarding legal challenges to the Waqf (Amendment) Act, 2025. The hearing focuses on contentious provisions, including the power to denotify waqf properties, the composition of waqf boards, and the classification of government land. The court's decision is highly anticipated, as it will have significant implications for the administration of religious endowments and property law across the country.
Unpacked:
The controversy centers on concerns that granting waqf boards or the government the power to denotify waqf properties may lead to arbitrary removal or reclassification of religious endowment lands, potentially affecting the rights of beneficiaries and sparking disputes over ownership, especially when government land is involved.
The Act mandates broader representation, requiring at least two Muslim women and members from various Muslim sects—including Shia, Sunni, Bohra, Agakhani, and backward classes—on waqf boards, aiming to promote gender equality and inclusivity in waqf administration.
Classifying government land as waqf property is contentious because it can lead to disputes between religious communities and the state over property rights, and the amendment seeks to prevent unilateral waqf claims on government land to reduce litigation and uphold legal clarity.
The Supreme Court's interim order will set precedents for property rights, governance transparency, and gender equality in religious endowments, impacting the future administration and management of waqf properties nationwide and potentially influencing laws for other religious trusts.