On May 21, 2025, the Indian government informed the Supreme Court that a legal requirement mandating the registration of all waqf properties, including those categorized as ‘waqf by user’, has been in place since 1923. The Centre provided historical documentation to support this claim and pointed out that the law had often been intentionally disregarded to benefit vested interests. The Waqf Amendment Act of 2025 aims to address and rectify this longstanding issue by reinforcing the mandatory registration and promoting transparency and accountability in the management of waqf properties .

Solicitor General Tushar Mehta emphasized that waqf, by its very nature, is a secular concept, as it merely refers to the dedication of property for religious or charitable purposes. He argued that the law does not touch upon any essential religious practices of Muslims and that waqf boards perform secular functions, allowing for the inclusion of non-Muslims on these boards .

The Supreme Court is currently hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. On May 22, 2025, the Court reserved its verdict on the plea seeking a stay on the Act after hearing all parties at length over three days .

Critics, including the All India Muslim Personal Law Board (AIMPLB), argue that the Act undermines Muslim religious rights by enabling the expropriation of waqf properties through executive means, bypassing due judicial process. They contend that the removal of the ‘waqf by user’ provision arbitrarily excludes potential donors, particularly recent converts who may wish to endow property for religious or charitable purposes .

The Waqf (Amendment) Act, 2025, was passed by both Houses of Parliament in April 2025 and received presidential assent on April 5, 2025. It aims to repeal the Mussalman Wakf Act, 1923, and amend the Waqf Act, 1995, introducing significant changes to the administration and governance of waqf properties across the country .

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