Suspecting Muslims, subordinating rights

Waqf Bill violates the promise of equality, not just by treating equals unequally, but by doing so based on entrenched religious stereotypes

- TALHA ABDUL RAHMAN

The Waqf (Amendment) Bill, 2025, passed in the guise of efficiency and modernisation, in reality, reflects a disturbing shift in state policy one that subtly displaces Muslims from the management of their own religious endowments and replaces constitutional fraternity with structural mistrust. Two provisions stand out in this regard: the dilution of Muslim exclusivity in the Waqf Council and State Boards, and the removal of the "finality clause" from the Waqf survey, effectively burdening the courts - and allowing unending challenges.

These amendments, when viewed through the lens of India's constitutional values and the anti-subordination principle reveal a deeper constitutional infirmity. They are not merely administrative adjustments but forms of legal subordination that target a religious minority under the veneer of neutrality. This is precisely the form of breach of constitutional morality that Dr Ambedkar had cautioned us against.

Violates Article 26

The amendment's proposal to include “non-Muslims” into Waqf Boards violates Article 26 of the Constitution, which guarantees every religious denomination the right to manage its affairs in matters of religion. The inclusion of women is a camouflage and semantics.

Religious endowments, especially Waqf, are not generic and ordinary public trusts; they are denominational institutions governed by personal laws, customs and faith-based jurisprudence. The Supreme Court has recognised that state interference in the administration of religious institutions must not destroy their essential denominational character—and must not take away the institutional autonomy of the community concerned.

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