Exploring Constitutional Boundaries In The Judicial Interpretation Of The Waqf Act
- IJLLR Journal
- Aug 21
- 2 min read
R. Arshiya Banu, LLM, Corporate Law (Amity University)
Koushika. S, B.C.A.LLB (Hons), School of Excellence in Law, TNDALU
ABSTRACT
The Waqf Act serves as a critical legislative instrument for the management of religious endowments in India, primarily within the Muslim community. However, recent amendments to the Act and pending judicial scrutiny have raised complex constitutional questions regarding the balance between religious autonomy and state control. This paper explores the evolving judicial interpretation of the Waqf Act by the Supreme Court of India, particularly in the context of the 2025 amendments, which have triggered debate and legal challenges from political and religious organizations. The interpretation of the Waqf Act lies at the intersection of several constitutional provisions such as Articles 25 and 26, which guarantee freedom of religion, and Articles 14 and 21, which ensure equality and protection of life and liberty. The inclusion of non-Muslim members in Waqf Boards, the shifting authority to district collectors for property disputes, and the curtailment of religious communities’ exclusive rights to manage their institutions represent areas where constitutional boundaries are being tested. This paper critically assesses whether the judiciary can uphold constitutional principles without encroaching upon religious freedoms, or whether its interpretations risk undermining secular governance by deferring to state interests. It further examines the role of the judiciary in safeguarding minority rights while addressing administrative efficiency and legal uniformity. By analysing recent petitions, public responses, and precedent-setting judgments, the paper provides a nuanced understanding of how the Supreme Court navigates the legal and cultural complexities inherent in Waqf-related cases. Ultimately, the discussion underscores the importance of judicial balance in interpreting statutes that directly impact the country’s secular and pluralistic foundations.
Keywords: Waqf Act, constitutional interpretation, religious autonomy, state control, Supreme Court
