Article Title: Misuse of Waqf law led to amendments, Centre informs SC
26-04-2025
Polity & Governance Current Affairs Analysis
Context
• The Union government has told the Supreme Court that the “shocking” misuse of waqf provisions enabled “rampant encroachments” into private and government properties, leading to a 116% rise in waqf lands between 2013 and 2024, a phenomenal high unmatched even in the Mughal period. This was part of the Centre’s response to petitioners challenging the constitutionality of the Waqf (Amendment) Act, 2025.
• Waqf refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. It is inalienable i.e., it cannot be sold, gifted, inherited or encumbered.
• Section 40 of the original Waqf Act (1995) has been removed, preventing Waqf Boards from arbitrarily declaring properties as Waqf.
• Section 40 of the Waqf Act (1995) gives the Waqf Board the authority to decide whether a property is a Waqf property or not.
ld vs New law
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