Prime Minister Narendra Modi has praised the recently enacted Waqf (Amendment) Act, 2025, describing it as “another major solid step” his government has taken toward achieving social justice, particularly for the Muslim community in India.
PM Modi’s Statement
Speaking at the Rising Bharat Summit 2025 on Tuesday (April 8, 2025), PM Modi hailed the legislation as a “majestic law to advance the cause of social justice as a whole and the interests of the Muslim society in particular” Tribune India.
The Prime Minister emphasized the Act’s significance in protecting vulnerable segments of the Muslim community: “Now, the purity of charitable and noble acts will be protected and the interests of backward Pasmanda Muslims, women and children will also be preserved,” he stated Tribune India.
Modi also highlighted the extensive parliamentary process that preceded the Act’s passage, noting that it involved “16 hours of discussions across both houses, a Joint Parliamentary Committee that held 38 meetings totaling 128 hours of deliberation, and nearly 1 crore online suggestions received from citizens” News18. This emphasis on the bill’s thorough vetting appears to address criticisms about its rushed implementation.
The Waqf (Amendment) Act, 2025: Overview and Key Provisions
The Waqf (Amendment) Act, 2025, which came into force on April 8, 2025, following presidential assent, represents a significant revision to the Waqf Act of 1995 LiveMint. The legislation has been officially renamed as the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025” PIB.
Historical Context
Waqf, an Islamic endowment of property to religious, educational, or charitable causes, has been regulated in India through various legislative measures since the early 20th century:
- The Mussalman Wakf Validating Act, 1913
- The Mussalman Wakf Act, 1923
- The Mussalman Wakf Validating Act, 1930
- The Wakf Act, 1954 (which established State Waqf Boards)
- The Waqf Act, 1995 (which created Waqf Tribunals)
- The Waqf (Amendment) Act, 2013 PIB
Key Changes in the 2025 Amendment
The new Act introduces several significant changes to the existing framework:
- Formation of Waqf: Only permits formation through declaration or endowment (eliminates formation by user). Donors must have practiced Islam for at least five years and must own the property they donate. Waqf-alal-aulad (family trusts) cannot deny inheritance rights to female heirs PIB.
- Government Property: Any government property identified as waqf will cease to be so, with ownership disputes to be resolved by the Collector who reports to the state government PIB.
- Survey and Registration Process: Empowers Collectors under state revenue laws to conduct surveys of waqf properties, addressing previous delays and pending surveys PIB.
- Composition of Central Waqf Council: Previously composed entirely of Muslims, the amendment requires the inclusion of at least two non-Muslim members and allows appointment of MPs, former judges, and eminent persons regardless of religion PIB.
- State Waqf Boards Composition: Transitions from elected members (all Muslims) to state government nominations that include non-Muslims and representatives from various Muslim communities (Shia, Sunni, Backward classes, Bohra, Agakhani) with a directive for two Muslim women PIB.
- Tribunal Composition and Appeals: Removes the Muslim law expert from tribunals, replacing that role with a current or former District Court judge as chairman and a former joint secretary to the state government. Allows appeals to the High Court within 90 days PIB.
- Central Government’s Role: Enhances the central government’s authority to enact rules on registration, account publication, and auditing by the Comptroller and Auditor General (CAG) or designated officers PIB.
Reactions to the Amendment
The passage of the Waqf (Amendment) Act has triggered diverse reactions across the political spectrum and Muslim community:
Government and Supporters’ Perspective
The Modi government has framed the Act as a “historic reform” benefiting the minority community Hindustan Times. Supporters argue that the amendments aim to:
- Increase transparency in waqf property management
- Strengthen administrative and governance mechanisms
- Protect waqf assets by modernizing practices
- Safeguard the rights of vulnerable groups, including backward Pasmanda Muslims, women, and children PIB
Opposition and Critics’ Concerns
Muslim leaders and opposition parties have raised several objections to the Act:
- Constitutional Concerns: Critics argue the bill is unconstitutional and infringes on the rights of India’s Muslim-minority community BBC News.
- Government Control: There are concerns that the amendments give the government excessive control over waqf properties, diluting the community’s traditional rights BBC News.
- Non-Muslim Representation: The mandatory inclusion of non-Muslims in waqf boards and councils has been criticized as interfering with religious autonomy NDTV.
- Documentation Requirements: Under the new bill, waqf boards must provide valid documents to claim properties as waqf, potentially leading to disputes over historically recognized properties BBC News.
- Five-Year Muslim Clause: The requirement that donors must have practiced Islam for at least five years has raised concerns about discrimination against recent converts NDTV.
Legal Challenges
Following the Act’s notification, multiple legal challenges have been filed:
- Supreme Court Petitions: Over 15 petitions challenging the Act have been filed in the Supreme Court by opposition politicians, the All India Muslim Personal Law Board, Jamiat Ulama-i-Hind, and others NDTV.
- Government Response: The central government has filed a caveat in the Supreme Court seeking a hearing before any orders are passed on pleas challenging the Act’s validity Hindustan Times.
- Upcoming Hearing: The Supreme Court is expected to hear these petitions on April 16, 2025 NDTV.
Conclusion
Prime Minister Modi’s characterization of the Waqf (Amendment) Act as “another major solid step towards social justice” reflects the government’s position that these reforms are necessary for transparency, accountability, and protecting vulnerable groups within the Muslim community. However, the Act has sparked significant debate and legal challenges, with critics concerned about its implications for religious autonomy and minority rights.
As the Supreme Court prepares to hear petitions challenging the Act, the coming weeks will likely see continued discussion about the balance between government oversight, community governance of religious endowments, and constitutional protections for minority rights in India.