I heard Abhishek Manu Singhvi, Congress leader and senior counsel for the Muslim petitioners opposing the Waqf Amendment Act, 2025, boast that he has “won on substantial points.” Well, I hope his clients pay his fees — because the truth is exactly the opposite of what he claims.
The Supreme Court has upheld the constitutionality of the Waqf Amendment Act, 2025 — delivering a decisive endorsement of the reforms brought in by the Modi government.
The Court has reaffirmed that Parliament acted within its powers. The law stays operational.
States must now frame a procedure to verify the five-year practising Islam requirement before creating a waqf.
The deletion of “waqf by user” has been upheld — prospectively. This ends large-scale encroachments where government land was falsely notified as waqf.
Under Section 3C(1) & (2), title disputes must be decided only by judicial or quasi-judicial authorities — not revenue officers.
Section 3D upheld: customary religious practices within protected monuments continue under AMSAR.
Section 3E upheld: tribal land under Schedules 5 & 6 safeguarded from being declared waqf.
Inclusion of limited non-Muslim members in Central Waqf Council (4) and State Waqf Boards (3) upheld — making these bodies inclusive and transparent.
Court directed that, as far as possible, the CEO should be from the Muslim community, but upheld Govt’s flexibility in appointments.
Mandatory submission of a waqf deed for registration upheld.
Section 36(10) upheld: non-registered waqfs can’t claim Waqf Act protection after six months.
Deletion of Section 104 upheld — no new waqfs by non-Muslims.
Deletion of Section 107 upheld — Limitation Act, 1963 applies to waqf disputes.
Deletion of Section 108 upheld — evacuee properties no longer relevant.
Section 108A upheld — Waqf Act will not override other laws. The judgment is clear: digitisation, transparency, accountability, and protection of waqf assets will continue. This is a landmark win for cleaning up waqf administration and ensuring that these assets serve their true purpose — community welfare, education, health, and national development. In simple terms: the law stands, reforms continue, and Singhvi’s clients have lost the core battle. So yes, Mr. Singhvi can spin his courtroom performance — but the Waqf reforms of 2025 remain intact and stronger than ever:
Amit Malviya – Head, BJP Natl IT Dept.






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