Waqf-by-user denotification would be ‘huge problem’: SC, Pg1

Key Highlights

1. SC Questions 2025 Waqf Amendment

• Supreme Court raised concerns over the Waqf (Amendment) Act, 2025, especially regarding:
• Denotification of 'Waqf-by-user' category
• Inclusion of non-Muslims in Waqf Councils
• Allowing inheritance rights in Waqf properties

2. Judicial Remarks

• Chief Justice Sanjiv Khanna termed denotification of centuries-old mosques (14th 17th centuries) as a ** huge problem ** due to absence of historical sale deeds.
• Critically questioned how one could now prove sale or transfer in absence of formal records.

3. Proposed Three-Point Interim Order

1. No denotification of already-declared Waqf properties (e.g., Waqf-by-user).
2. Government officers can continue verifying Waqf status, but actual use of property is to be frozen during pendency.
3. Appointment of non-Muslim members to Waqf Boards can proceed if majority are Muslims.

Legal and Social Implications

• The amendment is seen as possibly infringing on the religious autonomy of Muslims, especially regarding longstanding community-endowed properties.
• Petitioner s argument (Kapil Sibal): Records for centuries-old waqf properties often don't exist but usage reflects waqf status.
• Solicitor General Tushar Mehta: Charitable intent could be fulfilled outside waqf; waqf is not the only path.

Analysis & Way Forward

• The case reflects a larger tension between statutory clarity and historical communal rights.
• Future laws must tread carefully to ensure secular integrity, minority autonomy, and constitutional fairness.
• SC has chosen not to pass interim orders yet, aiming to balance equities pending full arguments.

Mains Mock Question:

“Critically examine the implications of the Waqf (Amendment) Act, 2025, in light of judicial review and minority rights. How should the state balance legal modernisation with preservation of religious heritage?”