Judicial Scrutiny of the Waqf (Amendment) Act, 2025: UPSC Current Affairs Story Arc

Overview

This arc documents the judicial battle over the Waqf (Amendment) Act, 2025, a piece of legislation that sought to radically overhaul how Islamic endowments (Waqf) are managed in India. The Act proposed de-recognizing 'waqf-by-user' properties, increasing state authority via District Collectors, and diversifying Waqf Board memberships to include non-Muslims. The Supreme Court intervened to balance the State's regulatory power with the religious autonomy guaranteed under the Constitution. The trajectory moved from initial skepticism in April to a significant interim judgment in September that partially stayed the most controversial provisions, reflecting the judiciary's role as the arbiter of 'principled intervention' in religious affairs.

How This Story Evolved

SC raises concerns and proposes interim order (April) → SC hears arguments and reserves judgment (May) → SC pronounces judgment with partial stay (September)

1. 2025-04-17: Supreme Court Addresses Waqf Act Concerns
   More details

   UPSC Angle: Supreme Court raises concerns about the Waqf (Amendment) Act, 2025.

   Key Facts:

   • Waqf (Amendment) Act, 2025
   • De-recognition of 'waqf-by-user' category
   • Inclusion of non-Muslims in Waqf bodies
   • State power to determine Waqf status
   • Three-point interim order proposed by Chief Justice
2. 2025-05-15: Supreme Court to pronounce verdict on stay of Waqf (Amendment) Act 2025 on September 15
   More details

   UPSC Angle: Supreme Court to pronounce verdict on stay of Waqf (Amendment) Act 2025.

   Key Facts:

   • Supreme Court Bench led by Chief Justice of India B.R. Gavai and Justice Augustine George Masih
   • Hearing date: May 20, 2025
   • Subject: Interim stay on the Waqf (Amendment) Act, 2025
   • Previous hearing: May 5
   • Previous bench led by Justice Sanjiv Khanna
   • Supreme Court to pronounce judgment on September 15, 2025, on a plea to stay the Waqf (Amendment) Act, 2025
   • Over 100 petitioners described the act as a “creeping acquisition” of Muslim properties
   • Government defended it as a necessary counter to “rampant encroachment” on public and private properties
   • A Bench headed by Chief Justice of India B.R. Gavai heard the case
   • Hearing was wrapped up on May 22 and the case reserved for judgment
   • A Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih is scheduled to hear the challenge to the Waqf (Amendment) Act, 2025
3. 2025-09-15: Supreme Court Ruling on Waqf Amendment Act
   More details

   UPSC Angle: Supreme Court ruling on Waqf Amendment Act; judicial review.

   Key Facts:

   • Supreme Court interim order on Waqf (Amendment) Act, 2025
   • Act passed by Parliament in April 2025
   • Certain provisions temporarily suspended
   • The Supreme Court pronounced judgment on September 15, 2025, on a plea to stay the Waqf (Amendment) Act, 2025.
   • The court declined a blanket stay on the Act but imposed partial restrictions.
   • A clause requiring a person to have practiced Islam for five years to create a waqf was stayed.
   • The court emphasized the need for a Muslim CEO in Waqf Boards where possible.
   • Creation of third-party rights on properties under dispute was barred.

Genesis

Trigger

The passage of the Waqf (Amendment) Act, 2025, by Parliament in April 2025 triggered immediate legal challenges.

Why Now

The government introduced the amendment citing the need to curb 'rampant encroachment' on public and private properties and to modernize the administration of Waqf boards which had allegedly become opaque.

Historical Context

The original Waqf Act of 1995 provided significant autonomy to Waqf Boards. Over the years, disputes over 'waqf-by-user' (properties used for religious purposes for decades without formal deeds) and the 'Waqf Tribunal's' finality led to calls for reform, which the 2025 Act sought to address aggressively.

Key Turning Points

1. [2025-04-17] SC proposes 3-point interim order to balance equities.

   It signaled that the judiciary would not allow the state to de-notify existing Waqf properties unilaterally without scrutiny.

   Before: The State had broad new powers to determine Waqf status. After: Properties already declared Waqf by courts were protected from de-notification.

2. [2025-09-15] Judgment delivered with partial stay on key provisions.

   It halted the most radical changes (like the donor qualification rule) while allowing the rest of the administrative framework to proceed.

   Before: The entire 2025 Act was under threat of being stayed. After: A middle path was chosen—administrative reform continues, but religious criteria for donors are suspended.

Key Actors and Institutions

Key Institutions

• Supreme Court of India (SC)
• Central Waqf Council
• State Waqf Boards
• District Collector (as a newly empowered authority under the 2025 Act)

Key Concepts

Waqf-by-user

A legal category where property is considered Waqf based on its long-term use for religious or charitable purposes, even if no formal dedication deed (Waqfnama) exists.

Current Fact: The 2025 Act sought the de-recognition of this category, which the SC flagged as a concern on April 17, 2025.

Principled Intervention

A feature of Indian secularism where the state can interfere in religious matters for social reform or administrative efficiency.

Current Fact: The SC applied this by allowing the Act to stand while suspending specific 'irrational' provisions like the 5-year practice rule on September 15.

Article 26(d)

The Fundamental Right of religious denominations to administer their property in accordance with law.

Current Fact: The SC underlined the need for a Muslim CEO in Waqf Boards 'as far as possible' to protect this right during the September ruling.

What Happens Next

Current Status

As of September 15, 2025, the Supreme Court has declined a blanket stay but imposed partial restrictions, effectively freezing the implementation of controversial clauses like the 5-year Islamic practice requirement.

Likely Next

The framing of new rules by the Central Government is expected, followed by a final hearing on the constitutional validity of the Act's core sections.

Wildcards

Protest movements by community organizations or a legislative pushback by states could lead to further litigation or a referral to a larger Constitution Bench.

Why UPSC Cares

Syllabus Topics

• Government policies and interventions for development in various sectors
• Salient features of the Representation of People's Act (interpreted here as legislative scrutiny)
• Fundamental Rights and Judicial Review

Essay Angles

• The tension between State regulation and Religious autonomy in a secular democracy.
• Judicial Review as a safeguard against legislative overreach.

Prelims Likely: Yes

Mains Likely: Yes

Trend Signal: rising

Exam Intelligence

Previous Year Question Connections

• Tests if religious denominations have absolute power under Article 26. — The Waqf Act 2025 case explores exactly this—the 'non-absolute' nature of Art 26 and the State's power to regulate 'secular' activities of religious bodies.
• Identifies Judicial Review as a basic feature of the Constitution. — The SC's decision to stay parts of the Waqf Act demonstrates Judicial Review in action against potential legislative encroachment.

Prelims Angles

• The 5-year practice rule: The SC suspended the provision requiring a person to practice Islam for 5 years before creating a Waqf.
• CEO Appointment: The court ruled that the CEO of a Waqf Board should be Muslim 'as far as possible'.
• Disputed properties: The judgment barred the creation of third-party rights on properties currently under dispute.

Mains Preparation

Sample Question: Critically analyze the Supreme Court’s 'middle-path' approach in the Waqf (Amendment) Act, 2025 case. Does state intervention in the administration of religious endowments violate the essence of Article 26?

Answer Structure: Intro (Context of the 2025 Act) → Body 1 (Arguments for State intervention: Curbing encroachment, transparency) → Body 2 (Arguments against: Religious autonomy, Article 26 violations) → Critical Analysis (The SC’s balanced September 15 judgment) → Conclusion (Secularism as principled intervention).

Essay Topic: Secularism in India: Between State Neutrality and Principled Intervention.

Textbook Connections

Key Takeaway

The Waqf Act 2025 case reaffirms that while the State can regulate religious endowments for transparency, the judiciary will block 'irrational' interference that encroaches upon the core identity and administrative autonomy of religious denominations.

All Events in This Story (3 items)

1. 2025-04-17 [Polity & Governance] — Supreme Court Addresses Waqf Act Concerns
   The Supreme Court raised concerns about the Waqf (Amendment) Act, 2025, specifically regarding the de-recognition of 'waqf-by-user' properties, the inclusion of non-Muslims in Waqf administrative bodies, and the state's authority to determine a property's Waqf status. The court proposed an interim order to balance equities, suggesting that properties already declared Waqf by courts should not be de-notified. Arguments were presented regarding Waqf properties, the power of the collector, and the inclusion of non-Muslims on the board.
   More details

   UPSC Angle: Supreme Court raises concerns about the Waqf (Amendment) Act, 2025.

   Key Facts:

   • Waqf (Amendment) Act, 2025
   • De-recognition of 'waqf-by-user' category
   • Inclusion of non-Muslims in Waqf bodies
   • State power to determine Waqf status
   • Three-point interim order proposed by Chief Justice
2. 2025-05-15 [Polity & Governance] — Supreme Court to pronounce verdict on stay of Waqf (Amendment) Act 2025 on September 15
   The Supreme Court is scheduled to pronounce judgment on September 15, 2025, regarding a plea to stay the implementation of the Waqf (Amendment) Act, 2025. Over 100 petitioners have described the act as a “creeping acquisition” of Muslim properties, while the government has defended it as a necessary counter to “rampant encroachment” on public and private properties.
   More details

   UPSC Angle: Supreme Court to pronounce verdict on stay of Waqf (Amendment) Act 2025.

   Key Facts:

   • Supreme Court Bench led by Chief Justice of India B.R. Gavai and Justice Augustine George Masih
   • Hearing date: May 20, 2025
   • Subject: Interim stay on the Waqf (Amendment) Act, 2025
   • Previous hearing: May 5
   • Previous bench led by Justice Sanjiv Khanna
   • Supreme Court to pronounce judgment on September 15, 2025, on a plea to stay the Waqf (Amendment) Act, 2025
   • Over 100 petitioners described the act as a “creeping acquisition” of Muslim properties
   • Government defended it as a necessary counter to “rampant encroachment” on public and private properties
   • A Bench headed by Chief Justice of India B.R. Gavai heard the case
   • Hearing was wrapped up on May 22 and the case reserved for judgment
   • A Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih is scheduled to hear the challenge to the Waqf (Amendment) Act, 2025
3. 2025-09-15 [Polity & Governance] — Supreme Court Ruling on Waqf Amendment Act
   The Supreme Court pronounced a judgment on a plea to stay the implementation of the Waqf (Amendment) Act, 2025, which was described as a "creeping acquisition" of Muslim properties. The court declined to stay the entire Act but imposed partial restrictions on key provisions, including the one requiring a person to have practiced Islam for five years to create a waqf, pending the framing of relevant rules. The court also underlined the need for a Muslim CEO in Waqf Boards “as far as possible” and barred the creation of third-party rights on properties under dispute.
   More details

   UPSC Angle: Supreme Court ruling on Waqf Amendment Act; judicial review.

   Key Facts:

   • Supreme Court interim order on Waqf (Amendment) Act, 2025
   • Act passed by Parliament in April 2025
   • Certain provisions temporarily suspended
   • The Supreme Court pronounced judgment on September 15, 2025, on a plea to stay the Waqf (Amendment) Act, 2025.
   • The court declined a blanket stay on the Act but imposed partial restrictions.
   • A clause requiring a person to have practiced Islam for five years to create a waqf was stayed.
   • The court emphasized the need for a Muslim CEO in Waqf Boards where possible.
   • Creation of third-party rights on properties under dispute was barred.