Introduction to Waqf and Waqf Boards

Before we try to understand the 2025 waqf amendment act and key changes brought about by this act, we need to understand the basic concept of waqf and waqf boards.

A Waqf is a permanent dedication of movable or immovable property by a Muslim for religious, charitable, or pious purposes. For example, someone may donate a piece of land, a building, or even cash with the intention that the benefits from it will be used for running a mosque, supporting an orphanage, funding education, or helping the poor. Once a property is declared as Waqf, it cannot be sold or transferred, and it is managed for the welfare of the community.

Waqf properties can include mosques, graveyards, schools, hospitals, and land. There are two main types of Waqf: Public Waqf, which benefits the general public, and private Waqf, which is often family-based but must still serve a religious purpose. To manage these properties, every state has a Waqf Board established under the Waqf Act, 1995, which supervises, registers, and safeguards the properties and ensures they are used according to the original donor's intent. These statutory bodies are set up at state level to register waqf properties, monitor income and expenditure, prevent encroachment and illegal use, and oversee the leasing or renting of waqf land.

Need for an Amendment in 2025

India is home to over 8 lakh Wakf properties, making it one of the largest collections of Islamic endowments in the world. These properties collectively are estimated to be worth trillions of rupees—which shows their potential to contribute significantly to community welfare if managed properly. Over the years, Waqf administration has faced widespread criticism for corruption, encroachment, and mismanagement. Many valuable Waqf lands have been illegally occupied or leased out without proper records.

There have also been numerous complaints about lack of transparency and inefficient grievance redressal mechanisms. The government realized that more accountability, digitalization of records, and more regulation were necessary to address these persistent problems. In order to modernize the Waqf management system and rebuild public confidence, the Waqf Board Amendment Act 2025 was presented.

Key Provisions of the 2025 Amendment

The 2025 Amendment introduces several transformative changes. One of the most significant is the mandatory digitization and geo-tagging of all Waqf properties, making them accessible through an online public database. This ensures transparency and helps prevent encroachments. Even the common man can access this data. The Act also strengthens penalties for unauthorized occupation or misuse of Waqf land. Additionally, it mandates Waqf Boards to submit income-expenditure reports and annual audits.

This increases the accountability of officials involved. Another major change is restoration of access to civil courts (amendment of section 85 of the waqf act 1995). Earlier, people were forced to rely on solely waqf tribunals, that were already burdened. With this change, courts can now review the decisions of the tribunal. Also, district collectors are now given the power to examine the property and do an inquiry before listing it as waqf property. New provisions encourage public participation and introduce mechanisms for timely grievance redressal. Some structural changes have also been made to streamline the appointment and removal of Waqf Board members and ensure they act in the community's best interest.

Impact on the Common Public

This modification offers better services and less corruption for the general population, particularly those who benefit from Waqf institutions like schools, hospitals, or shelters. People can now verify the legal status of properties owing to improved documentation and public access to Waqf records, which helps to stop false claims and unlawful building. Stricter enforcement may result in evictions or conflicts; therefore, the digitalization may also have an impact on those who are already residing on Waqf property without legal title. The amendment's overall goal is to safeguard the public interest while guaranteeing that Waqf funds be utilized as intended.

Problems and Concerns
Despite its positive goals, the Amendment is not without problems. Critics argue that the identification of Waqf properties might lead to disputes, especially if non-Waqf lands are wrongly categorized due to historical record issues. There is also concern over whether the government has sufficient infrastructure to implement digital mapping and audits on such a large scale. Religious bodies fear that the Act may centralize too much power in the hands of government officials, affecting the independence of community-based religious trusts. Additionally, affected tenants or occupants of Waqf land may face displacement, which could lead to legal and social tensions.

Comparison with Past Amendments or Laws

The 2025 Act emphasizes technology integration and accountability more than previous changes, particularly the 2013 edition. The present Act, which includes provisions for geo-tagging, online registries, and public audits, takes Waqf administration into the digital era, whereas previous reforms concentrated more on preventing the unlawful transfer or sale of Waqf property. One significant change that denotes a contemporary approach to cultural property governance is the transition from manual records to a tech-enabled setting.

Reactions and Public Discourse
The Amendment has triggered mixed reactions. Many community members and social activists have welcomed the move towards transparency and accountability. However, several Muslim organizations and religious scholars have raised concerns about increased government control over religious endowments. Some argue that the amendments could undermine the autonomy of Waqf Boards and intrude into religious affairs. Politically, the bill has seen both support and opposition depending on party lines, with some seeing it as a step towards reform and others viewing it as overreach. The media coverage has reflected these tensions, highlighting both the reformative intent and the controversy it has sparked.

The outrage after the enactment of this act was so widespread, that the Supreme Court had to intervene. ​As of April 22, 2025, the Supreme Court of India is actively hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench comprising Chief Justice Sanjiv Khanna, Justice P.V. Sanjay Kumar, and Justice K.V. Viswanathan is presiding over the case. Until the next hearing on May 5 2025, the Court has recorded the government's assurance that no new appointments will be made to Waqf Boards and that existing Waqf properties will not be de-notified.

Conclusion
The Waqf Board Amendment Act 2025 represents a bold attempt to modernize the management of religious endowments in India. By introducing transparency, accountability, and digital tools, it aims to protect valuable community resources from misuse. However, the government must tread carefully to avoid infringing on religious autonomy and ensure fair implementation. Addressing public concerns, offering legal safeguards, and involving community stakeholders will be crucial to making this reform effective and inclusive. If executed well, the amendment could be a turning point in preserving and empowering Waqf institutions for future generations.