The Waqf (Amendment) Act: Governance of Religious Endowments

What is a Waqf?

A waqf is a permanent dedication of movable or immovable property by a Muslim for purposes recognised as pious, religious or charitable. Once dedicated, the property vests in God and becomes inalienable. Waqfs in India are regulated by the Waqf Act, 1995, administered by State Waqf Boards under the Central Waqf Council, and adjudicated by Waqf Tribunals.

• India has over 8.7 lakh registered waqf properties spanning roughly 9.4 lakh acres, making Waqf Boards among the largest landholders in the country.
• The Sachar Committee (2006) had flagged poor record-keeping, encroachment and low income from waqf assets.

Key Changes in the 2025 Amendment

• Renames the law as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act.
• Removes 'waqf by user' for future dedications and requires the dedicator to have practised Islam for at least five years.
• Allows non-Muslim members on the Central Waqf Council and State Waqf Boards; mandates two Muslim women members.
• Disputes on whether property is government land are to be decided by a designated officer above the rank of Collector.
• Mandates registration of all waqf properties on a central digital portal within six months.
• Makes Tribunal orders appealable to the High Court within 90 days, removing their earlier finality.

The Constitutional Debate

Supporters describe the law as an administrative reform ending opaque, unilateral property claims. Petitioners argue that the inclusion of non-Muslims on Boards, the five-year practice requirement and the abolition of waqf by user violate Articles 14, 25, 26 and 300A. The Court's interim observations focused on protecting properties already registered and pausing appointments of non-Muslim members pending final hearing.