Supreme Court to hear pleas challenging Waqf (Amendment) Act on April 16

Around 10 petitions have been filed against the Act, including by All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi

A three-judge bench of the Supreme Court is set to hear multiple petitions challenging the Waqf (Amendment) Act, 2025, on April 16, Bar and Bench reported. The move comes after the Waqf (Amendment) Bill was passed by both Houses of Parliament and received assent from President Droupadi Murmu, making it a law.

 

The Bench, headed by Chief Justice of India (CJI) Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan, will preside over the matter.

 

A total of 10 petitions have been filed against the amended Act. One of the key petitioners is All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi, who has been a vocal critic of the amendments.

 

 

Key provisions of the Waqf (Amendment) Act, 2025

 

Elimination of ‘waqf by user’: One of the major changes is the removal of the concept of ‘waqf by user,' which previously allowed land to be designated as waqf based solely because it has been used as such over time. Only land officially declared or endowed as waqf will be recognised.

 

Donor requirements for waqf: Donors dedicating land for waqf must have been practicing Muslims for at least five years. The Act also ensures that women’s inheritance rights within waqf property cannot be denied.

 

Government land and waqf status: Under the 1995 Act, there were no clear rules regarding government land being declared as waqf. The new Act clarifies that government-owned land, if mistakenly recorded as waqf, will no longer be considered waqf. In case of disputes, the District Collector, not the waqf board, will have the final authority, and the matter will be handled under state revenue laws.

 

Shift in authority to state officials: The waqf board’s authority to determine waqf status has been removed. Now, state-appointed officials will be responsible for declaring and managing waqf lands.

 

Waqf land surveys: Previously, surveys of waqf lands were conducted by survey commissioners and additional commissioners. Now, the District Collector will oversee these surveys to align waqf land records with state revenue records.

 

Changes to Central Waqf Council composition: The 1995 Act required all Central Waqf Council members to be Muslim, including two women. The new Act introduces two non-Muslim members. It also allows MPs, former judges, and eminent persons to be non-Muslim, while Muslim representatives and scholars, as well as waqf board chairpersons, must remain Muslim. At least two Muslim women must be included.

 

Modifications to state waqf boards: The new Act changes the composition of state waqf boards, which previously included elected Muslim MPs, MLAs, or Bar Council members. Now, members will be nominated by the state government, and the board will include two non-Muslims along with representatives from Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani communities. It will still require at least two Muslim women members.

 

Changes to waqf tribunal structure: The Act alters the structure of Waqf Tribunals, removing the requirement for a Muslim law expert. The tribunal will now be led by a District Court judge, with a joint secretary from the state government as a member.