Waqf Amendment Act and Presumption of Constitutionality
Source:The Hindu ↗
Why It Matters
It highlights the constitutional boundary between essential religious practices and the secular administration of religious endowments. It also serves as a prime case study for the judicial review of parliamentary legislation, the presumption of constitutionality, and governance of minority institutions.
Summary
The Centre has strongly defended the Waqf (Amendment) Act, 2025 in the Supreme Court, urging the bench not to issue an interim stay as parliamentary laws enjoy a presumption of constitutionality. Highlighting a 116% increase in waqf properties since 2013—amounting to 20 lakh acres—the government pointed to rampant encroachments facilitated by the erstwhile 'waqf-by-user' provision, which the new amendment eliminates. Defending the inclusion of non-Muslim members in Waqf boards and a designated officer to adjudicate property disputes, the Centre argued that administering endowments is a secular management function, not an essential religious practice. Thus, regulating these boards does not infringe upon the fundamental right to manage religious affairs under Article 26.
Key Points
- The Supreme Court is hearing petitions seeking a stay on the Waqf (Amendment) Act, 2025.
- The Centre argued against a stay, citing the fundamental legal doctrine that laws enacted by Parliament carry a 'presumption of constitutionality'.
- Solicitor General Tushar Mehta highlighted a 116% surge in waqf lands between 2013 and 2024, alleging widespread encroachments on public and private property under the 'waqf-by-user' norm.
- The 2025 Amendment removes the 'waqf-by-user' concept, making formal registration mandatory for waqf property claims.
- The Centre maintained that administering waqf properties is a 'secular' management function, not an essential religious practice.
- Because the administration is secular, the inclusion of non-Muslim members in Waqf Boards does not violate Article 26 (freedom to manage religious affairs).
Important Terms
Waqf (Amendment) Bill, 2024-25
A legislative reform to the 1995 Act, proposing non-Muslim membership in boards, enhancing government oversight, and transferring property dispute adjudication to District Collectors to improve transparency.
UPSC context
GS Paper II/Governance; tests understanding of minority rights, administrative transparency, and state-religion dynamics.
Article 26
A Fundamental Right granting religious denominations the freedom to establish institutions, manage their own religious affairs, and own/administer property, subject to public order, morality, and health.
UPSC context
GS Paper II/Constitutional Law; key for debates on institutional autonomy and state regulatory powers.
Presumption of Constitutionality
A legal doctrine where courts assume a statute passed by the legislature is constitutional unless proven otherwise. It requires the challenger to provide clear evidence of a violation.
UPSC context
GS Paper II/Judiciary; vital for understanding the separation of powers and judicial restraint.
Waqf-by-user
A legal concept where property is recognized as Waqf based on long-term, continuous use for religious or charitable purposes, even in the absence of a formal written deed.
UPSC context
GS Paper II/Polity; essential for understanding property rights and legal changes in religious endowments.
Essential Religious Practice Test
A judicial test evolved by the Supreme Court to determine if a practice is fundamental to a religion (protected) or a secular activity that the state can regulate.
UPSC context
GS Paper II/Judiciary; central to Indian secularism and the limits of state intervention.
Central Waqf Council
A statutory body that advises the Central Government on Waqf matters and coordinates the activities of State Waqf Boards to ensure proper administration of endowments.
UPSC context
GS Paper II/Statutory Bodies; relevant for minority welfare administration and institutional governance.
Prelims Trap
Article 26 gives religious denominations the absolute right to own and administer properties without State interference.
Article 26 guarantees the right to administer property "in accordance with law." The State retains the power to regulate the secular, financial, and administrative aspects of religious endowments.
Static Concepts Connected
What is the Essential Religious Practices (ERP) doctrine?
- Origin: Formulated by the Supreme Court in the landmark Shirur Mutt case (1954).
- Core Principle: Distinguishes between core religious tenets protected under fundamental rights (Articles 25/26) and associated secular activities.
- State Regulation: Empowers the State to regulate the economic, financial, political, or secular administrative functions associated with religious institutions.
What is the Presumption of Constitutionality?
- Definition: A cardinal legal doctrine assuming that laws enacted by the legislature are valid until proven otherwise by a competent court.
- Judicial Restraint: Prevents courts from casually issuing interim stays on statutes, reinforcing the separation of powers and judicial restraint.
- Burden of Proof: The onus lies heavily on the petitioner to demonstrate that the legislation manifestly violates constitutional provisions.
Cross-Topic Patterns
Waqf reforms + Right to Property
Abolishing the 'waqf-by-user' norm aims to protect public and private lands from unverified claims, directly linking to citizens' constitutional Right to Property under Article 300A.
ERP Doctrine + Temple Administration
The Centre's argument that Waqf management is a 'secular' function parallels historical Supreme Court judgments upholding State legislative control over Hindu temple administration and finances.
Expect a multi-statement Prelims question merging the Essential Religious Practices doctrine, Article 26, and judicial restraint.
Linked PYQs · 3
Linked PYQs · 3
- 2024MainsGS2
Discuss India as a secular state and compare with the secular principles of the US constitution.
- 2020MainsGS2
Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
- 2024MainsGS2
Public charitable trusts have the potential to make India's development more inclusive as they relate to certain vital public issues. Comment.
