A Critical Examination Of The Constitutional Validity Of The WAKF Act, 1995
- IJLLR Journal
- Jul 14
- 1 min read
Ranganayaki Vijayaraghavan, B.Com LL.B. (Hons.), The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Perungudi Campus, Chennai
ABSTRACT
The Wakf Act, 1995 is a highly disputed legislation in terms of its constitutional validity. The legislation aims to regulate and supervise wakfs dedicated under Muslim Law. This work seeks to encapsulate the legal framework relating to wakfs with specific reference to the Wakf Act, 1995- and discusses in detail, certain provisions that are repeatedly called into question. In the face of various amendments and changes being made to the law by judicial as well as legislative actions, it is necessary to examine the Wakf Act in its earliest form, including various provisions that indicate how such wakfs are to be managed, and how disputes relating to wakfs are to be resolved. Particularly, there is a detailed exploration of the Writ Petition filed by Ashwini Kumar Upadhyaye, challenging the constitutional validity of this legislation. The various impugned provisions are looked into in detail, and suggestions have been made in order to improve the status of wakfs in India. The man focus of this article is to employ a doctrinal method, and look into various case laws and articles, in order to convincingly present the available opinions on the administration of wakfs in India, and analyse means of improvement from the legal perspective.
