SC’s Waqf order: A delicate balancing

The order has provided relief to the petitioners and also upheld the law. But while it has calmed passions for now, it has not fully doused the possibilities of future fires

- Zakia Soman

The interim order of the Supreme Court staying three key contentious provisions of the Waqf (Amendment) Act, 2025, has been welcomed by all.

The bench of Chief Justice of India (CJI) BR Gavai and Justice Augustine G Masih declined to stay the Act itself stating that the constitutionality of a law passed by the legislature is presumed. The passage of the law in April raised a political storm inside and outside Parliament. It was opposed by Muslims and Opposition political parties as unconstitutional and violative of the right to religious freedom of minorities. The government insisted the Act introduced accountability, transparency, and protection from misuse to Waqf properties.

‘Waqf is religious charity in Islam where a person donates their property for the use of the poor and vulnerable. By this act, they irrevocably forfeit ownership of the property, which now belongs to Allah. There are approximately 850,000 waqf properties across India housing mosques, kabristans (Muslim graveyards), schools, colleges, hospitals and other collective spaces.

Waqf is governed by the law of 1995, which was amended in 2013. However, several thousand properties are under dispute and litigation. Despite legal provisions and religious injunctions, there are instances of misuse and illegal encroachment. The waqf system is not uniformly managed and reform is required. But can it happen in a climate of religious polarisation and distrust? The Act was challenged by over a 100 petitioners comprising Muslim organisations, individuals and political parties. They claimed it interfered with the fundamental right granted by Article 26 of the Constitution to manage their own religious affairs.