'Unconstitutional Assault On Religious Autonomy' : IUML Moves Supreme Court Challenging Waqf Amendment Act 2025

Joining the list of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, the Indian Union Muslim League, a political party, has filed an Article 32 writ petition challenging the Act on grounds of violating Article 14, 15, 25 and 26 of the Constitution.

The Act is challenged as an "unconstitutional assault on the religious autonomy and personal rights of the Muslim community in India." 

It is contended that the Act imposes arbitrary restrictions and enhances state control on Islamic religious endowments, deviating from the religious essence of waqf. 

The 2025 Act's immediate enforcement, post-assent, risks immense and irreparable loss of Waqf properties throughout the length and breadth of the country, erosion of religious rights and severe legal uncertainty. The Petitioner seeks for the Striking down the challenged provisions of the Amendment Act as unconstitutional and the complete Restoration of the 1995 Act's corresponding safeguards and Interim stay of the Amendment Act to prevent implementation pending adjudication.

The provisions are challenged on the following grounds:

1. Section 2: Replaces “Waqf” with “Unified Waqf Management, Empowerment, Efficiency and Development,” diluting its religious identity.

2. Section 2A: Introduces a new proviso exempting trusts established by Muslims for purposes similar to Waqf, whether statutorily regulated or not, from the Act's purview, notwithstanding any court judgment, decree, or order, a provision absent in the Waqf Act, 1995.

3. Section 3 (ix) (a): Substitutes Section 3 (r) of the 1995 Act by adding arbitrary restrictions to the right of persons creating a Waqf to only Muslims who shall be "showing or demonstrating that he is practicing Islam for at least five years” and also excluding new converts and non-Muslims from creating Wakf in complete contravention of Islamic Law and practice.

This amendment further adds another arbitrary condition that only those properties can be dedicated to Wakf where “there is no contrivance involved in the dedication of such property” as mandatory for creation of a Wakf.

4. Section 3(ix)(b): Omits the practice of “Waqf by User,” as provided under Section 3 (i) of the 1995 Act negating centuries-old undocumented Waqfs.

The Amendment Act restricts established religious practices (e.g., Oral Waqfs, Waqf by User) and imposes arbitrary and humiliating conditions (demonstrating five-year practice of Islam) not mandated by Shari'ah, violating freedom of religion. This Hon'ble Court in Church of God v. K.K.R. Majestic [(2000) 7 SCC 282], has clearly held that faith-based acts need no duration test.

5. Section 4: Adds Section 3C to the 1995 Act which declares government-claimed properties as non-Waqf property, empowering Collectors to decide the disputes in an arbitrary manner without providing any provision of appeal against the said decision.

Further, the section adds Section 3B to the Principal Act which is an unnecessary imposition and arbitrary condition of filing of Wakf details already registered as Wakf within an extremely short period of six months. The said condition has the potential to remove Wakfs already registered under the Act.

6. Sections 9 & 11: Mandates non-Muslim members in Waqf Council and Wakf Boards, infringing autonomy of Muslims to administer their religious affairs and properties. This is prima facie a grave violation of Articles 25 and 26 of the Constitution.

Arbitrary distinctions (e.g., inclusion of non-Muslims in the management of Wakf but not the same for any other faith regarding the management of their religious affairs) and impractical provisions (e.g., six-month digitization, Collector expertise) lack rational basis, rendering them discriminatory and are prima facie discriminatory against Muslims.

The Amendment Act further adds arbitrary, humiliating and derogatory conditions such as “showing or demonstrating” that they are a practicing Muslim on persons seeking to create Wakfs. These conditions are extremely dangerous as they shall pave the way for further discrimination and segregation against Muslims and prima facie violate Articles 14 and 15.

Further, Wakf being an Islamic concept and it being a property dedicated to Allah and for the purpose of charity or religious purposes is now going to be managed by non-Muslims as per the Amendment Act. This is a clear violation of rights to practice religion by Muslims and administer their affairs as guaranteed under Articles 25 and 26 of the Constitution.

7.  Section 14: Omits Section 20A of the 1995 Act removing the provision which gives the right to move a no-confidence motion against the Chairperson.

8. Section 18(a): Mandates written deeds, abolishing oral Waqfs. This is against the Islamic Law and principles which give right to persons to create Oral Wakfs and further in violation of Articles 14, 15, 25 and 26 of the Constitution.

9. Section 18(d): Grants unfettered power to the Collector on whether a property can be registered as a Wakf without any mechanism or provision of appeal against such decision of the Collector. This is extremely bias and in clear violation of the basic principles of law including the principles of natural justice and the basic structure of the Constitution.

The Amendment Act arbitrarily enhances state control by granting powers regarding registration of Wakfs to officers above the rank of Collector i.e., Designated Officers, Collectors. It further calls for addition of non-Muslim members to Wakf Boards and Council. These amendments clearly usurp the Fundamental Rights of management of religious affairs away from the Muslim Community.

These amendments are in sharp contrast to autonomy enjoyed by every other community to manage their affairs as mandated under Article 26 of the Constitution e.g. Hindus (Guruvayoor Devaswom Act), Sikh (Shiromani Gurudwara Parbandhak Committee) endowments among others. These amendments also contradict the Sachar Committee Report's call for management to rest within the community.

10. Section 18(f): Imposes an embargo of 6 months on filing of suits, appeals or other legal proceedings for the enforcement of any right on behalf of any wakf which has not been registered as per the Amendment Act. This amendment is arbitrary and imposes unnecessary restrictions and an extremely short period of 6 months on the rights of persons to file legal proceedings before the competent courts. 

11. Section 20: Omits Section 40 of the 1995 Act, stripping Boards of power to determine Waqf status. The same is arbitrary and discriminatory since other religious endowments enjoy finality of order which has been taken away in a discriminatory manner from Wakf Board.

12. Section 40A: Applies the Limitation Act to Section 107 of the 1995 Act, threatening the perpetual status of Wakf as mandated in Islamic Law and encouraging encroachers upon Wakf properties.

13. Section 41: Omits Sections 108 (good-faith protection) and 108A (overriding effect) from the 1995 Act.