Defying the skepticism of many critics, the Narendra Modi-led government has accomplished a notable milestone with the passage of the Waqf Amendment Act of 2025. Although some believed that referring the bill to the Joint Parliamentary Committee was an indirect attempt to stall it, the BJP-led National Democratic Alliance (NDA) achieved a historic legislative victory.
This success holds immense significance, arguably surpassing the impact of other major reforms like the revocation of Articles 370 and 35A or the Citizenship Amendment Act. The Act touches the lives of more people and institutions than previous landmark legislations introduced in the last decade.
The amendments address the legal challenges created by the 2013 Congress government’s modifications to the Waqf ecosystem. These previous changes enabled unchecked acquisitions by the Waqf Board, resulting in a staggering increase of 21 lakh acres in its landholdings since 2013. Despite its widespread implications, the issue remained largely overlooked in public discourse.
One major correction made by the 2025 amendments is the removal of non-Muslims from the Waqf law’s purview. The 2013 amendment had expanded the definition of eligible individuals to “any person,” bringing all 140 crore Indians under its ambit. The new law restricts dedications to rightful property owners who have professed Islam for at least five years, shielding non-Muslims from undue involvement in Waqf-related matters.
The controversial Section 40, which empowered the Waqf to investigate and claim any property based on subjective “belief,” has been entirely removed. This section previously allowed the board to claim vast swathes of land, including villages, government facilities, and prime urban properties. Its elimination brings an end to the ambiguous criteria for acquisitions.
The concept of “Waqf by User,” legally recognized in the 1954 Act, is also curtailed. Previously, the Waqf Board could claim land or property as dedicated for religious or charitable purposes without requiring any documentation. The amendments now mandate that only properties registered before the law’s enactment are eligible under “Waqf by User.” This significantly impacts the 22 lakh acres—nearly 45% of Waqf landholdings—classified under this provision.
Another major change is the exclusion of government-owned properties from Waqf claims. Earlier amendments had labeled even government assets as “encroached” by default, compelling authorities to return properties to the Waqf Board within six months. The 2025 amendments firmly remove such provisions, redefining government property to include assets managed by state authorities.
Sections 104B, 107, and 108A, which had previously strengthened the Waqf’s legal supremacy, are now omitted or rectified. For instance, the applicability of the Limitation Act of 1963 now ensures that the Waqf faces the same 12-year deadline for recovery lawsuits as other entities. Similarly, the overriding authority of the Waqf Act over conflicting laws is eliminated, and evacuee properties are no longer automatically claimed by the Waqf.
The finality of Waqf tribunals is also revoked, granting citizens the ability to pursue stronger legal cases in courts. These changes aim to correct historical imbalances and provide a fair legal framework without targeting religious communities or their places of worship.
The Waqf Amendment Act of 2025 is a significant step in ensuring equitable real estate regulation. Far from dismantling the Waqf system, it seeks to address long-standing legal anomalies, a move welcomed by many, including members of the Muslim community.
