The Unconstitutionality of the WAQF Amendment Act 2025 and the Erosion of the Minority Rights
The Waqf (Amendment) Act 2025 was enacted in both Houses of Parliament following a period of vigorous discussion and partisan conflict [1]. The amendment revises the definition of waqf and waqif and imposes new eligibility criteria for creating a waqf. Thus, abolishing the long-recognized forms of dedication and mandates written documentation for all future waqf creations. The amendment further restructures the composition of Central and State Waqf Boards by permitting the inclusion of non-Muslim members and significantly extends the Unions Governments supervisory powers over State Boards Including through new mechanisms for administrative control. The apprehension within the Muslim community chiefly arises from the belief that their control over Waqf lands and structures, which have housed mosques, schools, and charitable organizations for generations, will be significantly restricted by the recently revised Act. These articles unequivocally safeguard the freedom of religion and cultural practices, affirming the rights of communities and individuals to autonomously engage in and oversee their religious affairs.