In a recent press briefing, Advocate Irshad Ahmad expressed deep concern over the Waqf Amendment Act 2025, stating that it introduces sweeping changes that profoundly affect the character, function, and autonomy of Waqf institutions in India. The Act’s deeper intent raises grave concerns regarding its constitutional validity, impact on community rights, and threat to religious freedom and minority protections.
As a legal professional and advocate for constitutional values, I express strong opposition to this legislation, which appears to be a calculated attempt to dilute the spirit and sanctity of Waqf as enshrined and protected under the Constitution of India.
Key Constitutional Violations
1. Article 14 – Right to Equality
The inclusion of non-Muslim members in Waqf Boards infringes upon the Muslim community’s right to religious self-governance. Waqf is a uniquely Islamic institution dedicated to religious and charitable purposes in accordance with Islamic principles. Imposing external control amounts to institutional interference and discriminatory targeting of one religion’s endowment system, breaching the equal treatment mandate of Article 14.
2. Article 19 – Freedom to Manage Religious Affairs and Property
The removal of ‘Waqf by user’ and abolition of Section 40 deprive the community of its historical rights over religious sites and properties traditionally recognized as Waqf. This curtails the Muslim community’s freedom to manage and preserve its religious assets, violating Articles 19(1)(c) and 19(1)(g).
3. Article 25 & 26 – Freedom of Religion and Management of Religious Affairs
Restricting the right to dedicate Waqf property only to practicing Muslims of five years, and subjecting Muslim charitable trusts to external classification, infringes upon the religious freedom guaranteed under Articles 25 and 26. The State has no authority to define who qualifies as ‘religious enough’ to make a charitable endowment.
4. Article 29 – Protection of Cultural and Educational Rights
The Act’s push to expand government interference in religious endowments threatens the minority community’s right to conserve its institutions, heritage, and customs, violating Article 29. Historical mosques, dargahs, graveyards, and madrasas—many of which are protected under Waqf—may now face legal ambiguity and loss of protection.
Key Concerns and Alarming Changes Highlighted by Advocate Irshad Ahmad
The removal of Waqf Tribunals and the transfer of dispute resolution powers to senior government officers undermines judicial independence. This opens the door to political manipulation, bureaucratic overreach, and restricts community access to fair justice.
The exclusion of Muslim trusts from Waqf protection will create confusion and lead to arbitrary classifications, weakening the legal and charitable framework established through centuries.
The retroactive application of the Limitation Act, 1963 on Waqf properties bars recovery of wrongfully occupied lands, many of which were encroached upon due to state inaction.
The mandatory central registration of all Waqf properties amounts to centralized control and surveillance, increasing the risk of dispossession of historically endowed land.The provisions for audits and financial restrictions, though administrative in appearance, are discriminatorily imposed compared to other religious trusts and institutions, violating the principle of non-discrimination.
Final Observations by Advocate Irshad Ahmad: A Move Toward Uniformity, Not Unity
This Act appears to be part of a broader push to standardize religious and charitable institutions under a centralized model, undermining India’s pluralistic ethos and the constitutional vision of coexistence.
The importance of Waqf in India transcends religion. It plays a vital social, educational, and humanitarian role, supporting schools, orphanages, hospitals, and relief efforts for the underprivileged. Undermining Waqf is not only a threat to the Muslim community but also to the very fabric of India’s secular and inclusive democracy.
Call to Action by Advocate Irshad Ahmad
The matter is currently sub judice before the Hon’ble Supreme Court, and we have full faith in the judiciary and await its reasoned judgment. Meanwhile, we must persist in democratic engagement, connect with like-minded individuals, foster informed public dialogue, and press for a parliamentary review to ensure that no law violates the soul of our Constitution.
Let us not forget:
A law that isolates and targets one community today will weaken the justice system for all tomorrow.
By Md Irshad Ahmad
Advocate, Supreme Court of India
