Waqf Amendment Act 2025: Key Changes, Legal Controversies, and What Comes Next

The Waqf (Amendment) Act, 2025 introduced significant changes to the legal framework governing waqf properties in India, amending the Waqf Act, 1995. The legislation passed Parliament in August 2024 as the Waqf (Amendment) Bill and received Presidential assent, triggering immediate constitutional challenges in multiple High Courts and the Supreme Court. The Act has reshaped the administration of waqf institutions, the powers of the Waqf Boards, and the process for determining whether a property qualifies as waqf. Understanding what the Act changes, and what remains under judicial scrutiny, is essential for any party with an interest in waqf property.

Key Changes Introduced by the Amendment

The amendment makes several structural changes to the waqf regulatory framework. First, it introduces a requirement that a person must have practised Islam for at least five years before they can make a waqf dedication. Second, it removes the doctrine of 'waqf by user', under which a property could be treated as waqf on the basis of long-standing use for religious or charitable purposes even without a formal dedication deed. Third, it provides that government land that has been claimed as waqf by a Waqf Board will be subject to verification by a government official before the claim is accepted. Fourth, it introduces non-Muslim members on the Central Waqf Council and State Waqf Boards, a change that has been the subject of significant constitutional challenge.

Constitutional Challenges Before the Supreme Court

The Waqf Amendment Act is currently the subject of multiple writ petitions filed in the Supreme Court challenging its constitutional validity. Petitioners argue that the Act violates Article 26 of the Constitution, which guarantees religious denominations the right to manage their own religious affairs, and Article 25, which protects freedom of religion. The introduction of non-Muslim members on Waqf Boards is challenged as a direct interference with the autonomous management of a Muslim religious endowment institution. The removal of waqf by user is challenged as divesting existing waqf properties of their status retrospectively. The Supreme Court has heard preliminary arguments and the matter is pending final adjudication. Until the constitutional position is settled, parties dealing with waqf properties should treat the legal framework as in flux.

Impact on Waqf Property Disputes and Government Land Claims

One of the most operationally significant changes relates to land claimed as waqf that is also claimed by the government. Under the pre-amendment framework, the Waqf Tribunal had exclusive jurisdiction over disputes about waqf status. The amendment provides that where government land is involved, the matter goes to a government-appointed officer for determination before the Waqf Board can act on the claim. This change affects several thousand disputed properties across the country, particularly in states where Waqf Boards have issued notices over government land and public infrastructure. Development projects on land subject to such claims are directly affected and should seek specific legal advice on the interim position pending the Supreme Court's ruling.

Implications for Waqf Mutawallis and Administrators

The amendment also changes the audit and accountability framework for mutawallis, the individuals or institutions responsible for administering waqf properties. New requirements around financial disclosure, record-keeping, and mandatory registration of waqf deeds in a central digital portal are being implemented. Mutawallis who have historically operated with limited external oversight will need to significantly upgrade their compliance processes. The amendment also affects the procedure for leasing waqf properties and the conditions under which waqf land can be alienated or encumbered, introducing additional approvals and government-side checks that did not previously apply.

Practical Takeaways

Parties negotiating or completing transactions involving waqf properties should obtain a current title search that addresses both the pre-amendment waqf claims and the post-amendment verification status. Infrastructure and real estate developers working near or on land subject to waqf claims should engage legal counsel before committing to project timelines. Mutawallis and Waqf Board administrators should implement the new record-keeping and digital registration requirements regardless of the pending constitutional litigation, as the Act remains in force unless specifically stayed by the Supreme Court. The constitutional proceedings should be monitored closely, as a ruling on the validity of the amendment will have immediate and wide-ranging implications for waqf administration across India.