Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

THE CONSTITUTIONAL VALIDITY OF THE WAQF (AMENDMENT) ACT, 2025 : A CRITICAL LEGAL ANALYSIS

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Nandani Singh (2026). THE CONSTITUTIONAL VALIDITY OF THE WAQF (AMENDMENT) ACT, 2025 : A CRITICAL LEGAL ANALYSIS. The Indian Journal for Research in Law and Management, Volume III(Issue 10). Retrieved from https://ijrlm.com/journal/the-constitutional-validity-of-the-waqf-amendment-act-2025-a-critical-legal-analysis/

Abstract

The Waqf (Amendment) Act of 2025 brings into focus an important constitutional issue, namely the state’s regulatory power over waqf properties and the autonomy guaranteed to religious entities under the Constitution of India. The article assesses the validity of this legal framework from constitutional perspective, looking at its relevance with Articles 14, 25, 26 and 300A of the Constitution. It argues that it is important to see if the amendments are indeed intended for making regulation accommodative and transparent or whether they are simply forms of government intervention into religious matters. The article also analyzes case law such as *Shirur Mutt*, *Durgah Committee* and *S.R. Bommai* to determine the constitutional permissibility of state intervention in religious or charitable institutions. The conclusion reached by the author is that while the state may be entitled to regulate certain secular aspects of the functioning of religious entities, such regulation does not entitle it to impede important religious practices or violate the constitutional right to equality and religious freedom. Ultimately, the constitutional validity of the Waqf (Amendment) Act, 2025 shall depend on whether the provisions of this Act maintain a balance between the need for reforming the administration of waqf properties and the need for respecting religious autonomy, and constitutional principles.

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