PhD. Scholar at Faculty of Law, Jamia Millia Islamia, India
The Waqf (Amendment) Act, 2025 makes significant changes to the legal and administrative structure that governs Muslim religious endowments in India. While the Act's claimed intent is to enhance transparency and streamline governance, it has sparked major debate because of its possible influence on constitutional rights, federal balance, and religious organizations’ autonomy. This study critically evaluates the Act's important elements, such as the inclusion of non-Muslim members on Waqf Boards, limitations on civil court jurisdiction, and increased state control over waqf lands. By examining the constitutional consequences through the lenses of Articles 14, 21, 26, 29, and 30, the study demonstrates how the Act may jeopardize minority rights and the secular structure of the Indian Constitution. The study also looks at judicial precedents, policy studies, and comparative viewpoints to determine the likelihood of legal challenges. Finally, the study makes specific reform recommendations aimed at striking a balance between transparency and minority rights.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2489 - 2501
DOI: https://doij.org/10.10000/IJLMH.119339This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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