Critical Reforms: Waqf Amendment Act, 2025 and Its Legal Fallout

A symbolic scale balancing digitized governance and religious rights under the Waqf Amendment Act, 2025
The Waqf Amendment Act, 2025 redefines religious property governance in India. Explore its legal, constitutional, and policy implications.

The Waqf Amendment Act, 2025—officially titled the United Waqf Management, Empowerment, Efficiency and Development Act (UWMEED Act)—has emerged as one of the most transformative and contested legal reforms in India’s religious property landscape. Positioned as a digital-first modernization initiative, the amendment seeks to centralize governance, enhance transparency, and standardize waqf property records nationwide. But these changes are far from uncontroversial.

As the Supreme Court prepares to hear a cluster of petitions challenging its constitutional validity on May 20, 2025, legal experts, religious leaders, and civil society groups are engaged in a heated debate. This blog explores the core features of the Waqf Amendment Act, 2025, the rationale behind the reform, the resistance it faces, and its broader legal and geopolitical implications.

This in-depth analysis is part of LexNova Consulting’s continuing effort to decode emerging laws for clients impacted by regulatory change.

What Does the Waqf Amendment Act Change?

Waqf Amendment Act
A visual comparison of the outdated Waqf Act, 1995 and the newly digitized UWMEED Act, 2025, capturing India’s legal modernization effort.

The UWMEED Act repeals the colonial-era Mussalman Wakf Act, 1923 and reconfigures the Waqf Act, 1995, aiming to bring in uniformity across states and digitize religious property governance.

Key Reforms:

  • Establishes a Unified National Waqf Authority with overriding powers
  • Mandates centralized digital recordkeeping of all waqf properties
  • Sets up compliance cells and e-governance systems for dispute tracking
  • Introduces stricter mutawalli eligibility criteria
  • Diminishes state waqf boards to advisory roles in many processes

Through these structural reforms, the Waqf Amendment Act seeks to enforce accountability and transparency across India’s waqf boards.While proponents see this as a step toward fighting encroachment and corruption, critics argue it weakens community control, ignores regional variations, and risks state overreach.

Legal Redressal Flow Under the UWMEED Act

The legal redressal process under the Waqf Amendment Act follows this flow.

Step
1. Identification of Waqf Property
2. Community Dispute or Compliance Trigger
3. Filing Before Digital Compliance Cell
4. Advisory Review by State Waqf Board
5. Appeal to High Court or Supreme Court

Critics warn this process sidesteps judicial safeguards, relying instead on compliance officers who may lack understanding of religious practices.

Need clarity on how this process may affect your waqf asset or institution?
LexNova Consulting advises religious boards, mutawallis, and NGOs on statutory compliance and legal risk under the Waqf Amendment Act.

The Role of Community Stakeholders

Historically, waqf governance was rooted in local community involvement. Mutawallis (property caretakers) were appointed based on trust, reputation, and cultural knowledge. The UWMEED framework introduces a performance-based and compliance-heavy model that may disqualify small-scale, grassroots caretakers who lack the administrative resources to keep up.

This shift has sparked fears of exclusion and alienation—particularly among religious scholars and local Muslim institutions. Legal scholars argue this could violate Article 26(b) of the Constitution, which guarantees religious denominations the right to manage their own affairs.

Comparative Global Insight: How Other Nations Handle Waqf

CountryModelKey Features
MalaysiaJAWHAR + State SultanatesFederal digitization + local religious autonomy
PakistanProvincial Waqf BoardsTribunal-based, decentralized
EgyptMinistry of AwqafFully centralized, state-controlled
TurkeyVakiflar DirectorateCultural foundation model with strong state role
IndiaUWMEED (Proposed)Centralized, digitized, compliance-led

India’s model resembles Egypt’s centralized system, raising concerns about cultural and constitutional incompatibility.

Waqf Property Impact: By the Numbers

Bar-style infographic showing the impact of the Waqf Amendment Act, 2025 on disputed, invalid, and unaffected waqf properties.
Infographic illustrating the estimated distribution of waqf properties affected by the UWMEED Act, 2025—disputed, re-allotted, or unaffected.
CategoryProperties Affected (Est.)
Declared Invalid15,000
Under Dispute20,000
Transferred or Re-allocated10,000
Unaffected3,20,000

Insight: Over 45,000 properties may undergo legal or administrative scrutiny in the coming year.

Bar graph showing the classification of waqf properties as invalid, under dispute, re-allocated, or unaffected under the 2025 amendment
A bar graph detailing how waqf properties are categorized under the UWMEED Act, including disputed and unaffected holdings.

Statewise Distribution Snapshot

StateNo. of Waqf Properties (Est.)
Uttar Pradesh1,50,000
West Bengal85,000
Karnataka70,000
Maharashtra65,000
Madhya Pradesh50,000
Others Combined1,05,000

Insight: Uttar Pradesh alone houses nearly 30% of all waqf assets, making state participation essential.

Here’s how waqf properties are expected to be affected under the Waqf Amendment Act framework.

Pie chart showing the distribution of waqf properties across major Indian states like Uttar Pradesh, West Bengal, and Karnataka
A pie chart representing the estimated share of Waqf assets by state, highlighting Uttar Pradesh at 28.6% as the largest holder.

Why Is the Supreme Court Hearing the Challenge?

Legal experts believe that the Waqf Amendment Act is likely to redefine the balance between administrative control and constitutional freedom. Several PILs have been filed arguing that the UWMEED Act violates:

  • Article 26(b): Right of religious denominations to manage their affairs
  • Article 14: Unequal treatment of religious institutions
  • Federalism: Bypasses state authority in a culturally sensitive matter

The upcoming hearing will test the limits of centralization in religious property law and determine whether efficiency can override constitutional freedoms.

Whether you’re filing a PIL, defending community interests, or reviewing institutional obligations under this Act, professional legal guidance is essential.
Our legal experts at LexNova can help assess your rights and develop a constitutionally sound strategy.

Bar & Bench coverage →

Survey Insights: Public and Legal Opinion about the effectiveness of the Waqf Amendment Act in reforming governance.

QuestionYesNoUndecided
Should the Act be paused until SC verdict?68%22%10%
Does the Act risk political misuse of waqf assets?74%18%8%
Will digitization improve transparency long term?82%11%7%

Key Judicial Precedents

  • Radha Kishan v. State (1979): Upheld Article 26 rights to religious property management
  • TMA Pai Foundation v. State of Karnataka (2002): Affirmed minority autonomy in institutional control
  • Shayara Bano v. Union of India (2017): Reinforced constitutional morality in religious reforms

LexNova Recommends: Balanced Reform

Checklist infographic outlining LexNova’s legal recommendations for implementing the Waqf Amendment Act, 2025
A legal checklist infographic highlighting LexNova’s policy suggestions for balancing constitutional integrity with compliance in waqf governance.

To make the UWMEED Act more inclusive and constitutionally sound, LexNova suggests:

  1. Phased implementation to allow adaptation at the state level.
  2. Mandatory judicial oversight in compliance disputes.
  3. Community representation on central compliance panels.
  4. Public access digital portals for tracking property and raising grievances.

Timeline of Events

Timeline infographic showing key dates of the Waqf Amendment Act, 2025 from introduction to Supreme Court hearing
Timeline showing the major legislative and legal milestones of the Waqf Amendment Act from its introduction to Supreme Court review

The timeline below shows the progression of the Waqf Amendment Act from introduction to litigation.

DateEvent
August 2024Bill introduced in Lok Sabha
September 2024Passed amid opposition protests
January 2025Rules notified by Ministry of Minority Affairs
March 2025PILs filed in High Courts and Supreme Court
May 20, 2025SC hearing scheduled on constitutional validity

Read Also from LexNova Consulting

References & Sources

Contact Us

For advice on compliance under the Waqf Amendment Act, contact LexNova Consulting. Have questions about religious property rights or compliance under Indian constitutional law?

LexNova Consulting offers tailored legal advice on:

  • Waqf property disputes
  • Compliance frameworks under UWMEED
  • Drafting legal responses or stakeholder representations

Get in touch for a consultation.

Disclaimer: This blog offers legal and policy analysis for informational purposes only and does not constitute legal advice or commentary on religious beliefs.

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