IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)
Discusses constitutional interpretation, legislative competence, fundamental rights, and separation of powers, applicable beyond Waqf law.
Court: Supreme Court of India
Citation: 2025 INSC 1116
Decision Date: 15-09-2025
List of Laws
The Waqf (Amendment) Act, 2025; The Waqf Act, 1995 (Original Waqf Act); Limitation Act, 1963; The Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India, 1949; General Principles of Law; Mussalman Wakf Act, 1923; Bengal Wakf Act, 1934; Muslim Wakfs Act, 1954; Wakf (Amendment) Act, 1984; Code of Civil Procedure, 1908
- The Waqf (Amendment) Act, 2025: The judgment extensively discusses the constitutional validity of several sections of the Waqf (Amendment) Act, 2025. It specifically addresses challenges to Section 3(r) regarding the definition of "waqf" and the requirement of demonstrating five years of practicing Islam, Section 3C concerning wrongful declaration of waqf on government property, Section 3D regarding protected monuments, Section 3E concerning land in Scheduled or Tribal areas, Sections 9 and 14 relating to the composition of the Central Waqf Council and State Waqf Boards, Section 23 regarding the appointment of the Chief Executive Officer, Section 36 concerning registration of waqfs, Section 43 regarding the deletion of Section 104 of the Original Waqf Act, Section 44 regarding the application of the Limitation Act, 1963, and Section 45 regarding the deletion of Section 108 of the Original Waqf Act. The court provides a detailed legislative history of Waqf enactments, including the Mussalman Waqf Act, 1923, the Bengal Wakf Act, 1934, the Wakf Act, 1954, and the Wakf Act, 1995. The judgment analyzes the arguments for and against the interim stay of these provisions, considering the principles of constitutional validity and the separation of powers. It ultimately grants a partial stay on certain provisions while upholding others, issuing specific directions to balance the equities and protect the interests of all parties.
- The Waqf Act, 1995 (Original Waqf Act): The judgment refers to the Waqf Act, 1995, as the "Original Waqf Act" and discusses several of its sections in the context of amendments made by the Waqf (Amendment) Act, 2025. Specifically, it mentions Section 2 (regarding the applicability of the Act to trusts), Section 3(r) (definition of "waqf"), Section 4 (preliminary survey of auqaf), Section 5 (publication of the list of auqaf), Section 6 (disputes regarding auqaf), Section 7 (power of Tribunal to determine disputes), Section 9 (establishment and constitution of Central Waqf Council), Section 14 (composition of Board), Section 23 (Chief Executive Officer), Section 32 (powers and functions of the Board), Section 36 (registration of a waqf), Section 40 (power to collect information), Section 41 (similar provision to Section 28 of the 1954 Act), Section 61 (penalties), Section 87 (bar on institution of suits), Section 96 and 97 (controlling the secular activities of auqaf), Section 104 (application of Act to properties given by non-Muslims), Section 107 (provisions of the Limitation Act), and Section 108 (special provision as to evacuee waqf properties), and Section 108A (Act to have overriding effect). The judgment analyzes how these sections have been amended or deleted and the implications of these changes.
- Limitation Act, 1963: The judgment discusses the applicability of the Limitation Act, 1963, to proceedings related to waqf properties. It notes that Section 44 of the impugned Act amended Section 107 of the Original Waqf Act to make the Limitation Act, 1963, applicable to suits for possession of immovable property comprised in a waqf. The petitioners argued that this amendment is violative of Article 14. The court, however, found that applying the Limitation Act removes discrimination and does not constitute an arbitrary restriction.
- The Ancient Monuments and Archaeological Sites and Remains Act, 1958: The judgment refers to Section 5(6) and Section 16 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, stating that these sections protect the rights of persons to use protected monuments for customary religious observances. This is discussed in the context of Section 3D of the Amended Waqf Act, which declares void any declaration of a protected monument as waqf. The court notes that Section 3D aims to protect the authenticity and integrity of protected monuments and that Section 5(6) of the Ancient Monuments Act allows for customary religious practices.
- Constitution of India, 1949: The judgment frequently invokes the Constitution of India, particularly Part III concerning fundamental rights. It addresses arguments that various provisions of the Amended Waqf Act violate Articles 14 (equality before the law), 15 (prohibition of discrimination), 19 (protection of certain rights regarding freedom of speech, etc.), 21 (protection of life and personal liberty), 25 (freedom of conscience and free profession, practice and propagation of religion), 26 (freedom to manage religious affairs), 29 (protection of interests of minorities), 30 (right of minorities to establish and administer educational institutions), and 300A (right to property). The judgment also discusses the legislative competence of Parliament and the principle of separation of powers. It also mentions Article 12 (definition of "State"), and Article 29 (obligation on the State to protect the language, script and culture of citizens). The Fifth and Sixth Schedules are also mentioned in relation to Scheduled Tribes.
- General Principles of Law: The judgment extensively discusses the principles of constitutional interpretation, particularly the presumption of constitutionality of legislative enactments. It emphasizes that courts should be slow to grant interim relief by staying the provisions of an enactment and that the burden is on the party attacking the validity of the law to show a clear transgression of constitutional principles. The judgment also refers to the principle of separation of powers and the need for a clear mechanism or procedure for implementing statutory provisions. It also discusses the concept of "prima facie" case and the factors considered when granting interim relief.
- Mussalman Wakf Act, 1923: The judgment discusses the Mussalman Wakf Act, 1923, and refers to its Statement of Objects and Reasons to illustrate the historical context and the reasons for enacting waqf legislation. It mentions that the 1923 Act aimed to address the mismanagement of waqf properties and to establish a system of compulsory registration. It also mentions Sections 3, 4, and 10 of the Act.
- Bengal Wakf Act, 1934: The judgment mentions Section 6(10) of the Bengal Wakf Act, 1934, which recognized the concept of "Waqf by User".
- Muslim Wakfs Act, 1954: The judgment discusses the Muslim Wakfs Act, 1954, noting that it also provided for mandatory registration of waqfs. It mentions Sections 3(1)(i), 4, 5, 6, 25, 26, 27, 28, 41, and 55E.
- Wakf (Amendment) Act, 1984: The judgment discusses the Wakf (Amendment) Act, 1984, which sought to amend the 1954 Act by inserting Section 55E to prohibit suits on behalf of unregistered waqfs. However, this amendment was never brought into effect.
- Code of Civil Procedure, 1908: The judgment mentions the Code of Civil Procedure, 1908, in the context of the procedure to be followed by the Waqf Tribunal and the signing and verification of pleadings.
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