Waqf (Amendment) Act 2025 Sparks Constitutional Debate in India

Current Affairs National

Posted by newadmin on 2025-04-18 08:54:51 |

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The Waqf (Amendment) Act 2025 has ignited widespread legal and social debate across India, as over 70 petitions challenge its constitutionality. The Act seeks to reform the management of waqf properties—assets dedicated to Islamic religious or charitable use—by expanding the central government’s regulatory powers.

A central concern is the Act’s removal of “waqf by user,” a concept that recognizes properties continuously used for religious purposes as waqf, even without formal registration. Critics argue that erasing this concept undermines long-standing religious traditions and may lead to the loss of sacred spaces. The Act also authorizes district collectors to determine a property’s waqf status, bypassing judicial review, which has raised serious constitutional concerns.

Petitioners argue the law violates Articles 25 and 26 of the Indian Constitution, which guarantee religious freedom and the right of religious groups to manage their own affairs. The Supreme Court, during its April 2025 hearing, flagged critical issues including the freezing of waqf status during inquiries and the inclusion of non-Muslims on Waqf Boards, a move the Court questioned in the context of religious autonomy.

The Court’s eventual ruling will shape how India balances secular governance with religious self-management, and it could set key precedents for how minority religious institutions are treated under Indian law.

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