Introduction

The 2006 Sachar Committee report highlighted the grave situation of Waqfs.¹ The committee, headed by Rajindar Sachar, reported that there are more than 4.9 lakh registered Wakf properties spread over the country, but the current annual income from these properties is only about Rs. 163 crores, which amounts to a meagre rate of return of 2.7 percent.

This low return from Wakf properties not only reflects the mismanagement of Wakf properties but also highlights the failure in fulfilling the object of Wakfs. The proceeds of Wakf properties are dedicated to meet the exclusive needs of the poor and to the perpetual maintenance of the bequeathed property.

Land resources are one of the most important assets for any country. In India, the 1^st Constitutional Amendment Act was passed to ensure that the Zamindari System is abolished, which ensures that property is not acquired by only a few privileged members of a society. Wakf being the 3^rd largest property holder in the country, it is essential that the properties are managed well and it should be generating a good revenue to serve the interest of community or the purpose for which Wakfs has been established.

What is a Waqf? and its object

Wakf is a kind of donation that generous Muslims adhering to the principles of ‘endowment’ embedded in Islam often bequeath large and valuable acreage of properties in the name of God. These properties are used for pious, religious and charitable purposes.

The object includes:

1. Establishing Educational Institutions.
2. Promote health care.
3. Construction of marriage halls for community use.
4. Financial support to poor widows, indigent and physically handicapped persons.
5. Payment of salary to Imams and Muazzins as ordered by Supreme Court.

The object of Wakf is charitable and serves good interests of the society.

2025 Waqf (Amendment) Act, 2025

As of 2025, more than 8.72 Lakhs immovable properties are registered nationwide under the Waqf Act, 1995. The number of registered Wakfs has increased approximately 3.8 lakhs over a period of 19 years. However, still the potential at which it can generate revenue still the same. The revenue generated from the Wakf can help in advancement of Muslim community. The Sachar Committee report suggested that the literacy rate among Muslims is lower than national average.[1] The condition is universities is even worse, only 4.9% of students enrolled in universities.

Wakf can play a major role in advancement of these stats. However, the issue with Wakf lies in its mismanagement and inadequate empowerment of State Wakf Boards and Central Wakf Council.[2] The Sachar Committee also pointed out encroachment of State Government on Wakf property without paying any rent or a nominal rent.

With the object to curb these problems, the Central Government introduced 2025 amendment to Waqf Act, 1995. The major changes which were made in Waqf Act are:

1. Only the person practicing Islam for minimum of 5 years can donate their properties. Earlier, person from any religion can donate their properties.
2. Wakf by user abolished.[3]
3. Any government land acquired by Wakf will be removed from Wakf registration list.
4. Survey of land acquired by Wakf will be done by District Collector and much more power given to District Collector.
5. Decision of Waqf Tribunal is appealable to High Court.
6. Limitation Act, 1963 will apply to Waqf Act, 1995.
7. Daughters can also claim equal rights in property.
8. The composition of Waqf Board and Waqf Council is amended to include 2 non-Muslim member and 2 Muslim members must be Women.
9. No Muslim Law Expert in Waqf Tribunal. Instead a current or former District Court judge will act as Chairman.

Controversy related to Waqf (Amendment) Act, 1995

The petitions in the Supreme Court argue that new law violates Supreme Court pronouncement of “Once a Waqf, always a Waqf.”[4] Petitioners argue that it is encroachment of Government in religious affairs and it is targeted efforts of BJP Government against Muslim Community to remove the Muslim Law expert and include 2 non-Muslim member in Waqf Board and Waqf Council.

Also, Waqf by User concept is recognized by Ramjanambhoomi case. The abolishment of this concept gives government open power to challenge the existing property of Waqf. Also, These new amendment violates fundamental right laid under Article 26, which guarantees religious denomination the right to manage their own affairs.

Conclusion

Religion and State interference always been a concern of great debate. The line making distinction between both these concepts are very thin. Law is the medium through which we are able to abolish practices in past which have been considered arbitrary, fanciful and outdated by society. The Sabrimala Judgment is also landmark with respect to State interference in religious affairs. Also, there are laws regulating administration of various Hindu Temples. Our Constitution provides the right to freedom of religion. Now, the important question is whether all these amendments are targeted efforts to effect sentiment of one community or the intention is to improve the status of Wakf management.

The argument can be made in both directions. However, it is on the Petitioner to prove that these amendments are encroachment to their religious freedom and violation of Fundamental Rights. It can also be argued that these are efforts to improve the efficiency of Waqfs considering the mismanagement and poor conditions as pointed out by Sachar Committee.

Also, the argument that the Hon’ble Supreme Court has stated “Once a Waqf, always a Waqf” status is not a threat. Only the unlawful encroachments will be removed by District Collector. The amendment provides adequate safeguards for challenge and in my opinion increase transparency, accountability and fairness to administration of Wakfs. All the petitions are listed before Hon’ble Supreme Court for hearing on April 16, 2025.

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[1] 59% of Muslims Children attend primary school.

[2] Sachar Committee Report, 2006, Pg. No. 221.

[3] Wakf by user provides that once property is used by community for a period. It can be declared as Wakf.

[4] Sayyed Ali v. Andra Pradesh Waqf Board, AIR 1998 SC 972.

1. Wakf and Waqf are used interchangeably. ↩︎