No Neutral Move

The sudden legislative dismantling of waqf institutions is a calculated political step

- Anand Teltumbde

“The breakdown of constitutional morality is always signalled not by the violation of laws, but by their cynical manipulation to achieve morally indefensible ends.”

—Gautam Bhatia, The Transformative Constitution, 2019

ON February 13, 2025, US President Donald Trump announced a sweeping “reciprocal tariff” policy targeting countries like India for their high duties on American goods. The stock markets plunged in response.

In India, the government busied itself with pushing through the controversial Waqf (Amendment) Bill, 2025 at this time. Passed in the Lok Sabha (288-232) and the Rajya Sabha (128-95) after midnight debates on April 4, the bill received presidential assent the next day. Critics argue it grants sweeping powers to the state over waqf properties, undermining the rights of the Muslim community. Several petitions have been filed in the Supreme Court, which has stayed parts of the Act and scheduled a hearing for May 5 (now deferred to May 15), after the government—unable to respond to the Court’s pointed questions—sought more time.

Waqf and the Bharatiya Janata Party (BJP)

The institution of waqf—charitable endowments made by Muslims for religious or community welfare purposes—has been under increasing scrutiny from the BJP and affiliated organisations over the past several years. While waqf properties have historically existed as a parallel domain of community-held assets governed by Islamic law and administered by state waqf boards, the BJP has sought to question their legitimacy and management under the guise of transparency, national interest, and “equal treatment” of religious institutions.