The Supreme Court clarified on Thursday that the requirement for mandatory registration of waqfs has existed since the Mussalman Wakf Act of 1923, and did not originate with the recently enacted Waqf (Amendment) Act of 2025.

Chief Justice B.R. Gavai, heading a three-judge bench, questioned why waqfs across India, including waqfs by user, had failed to register despite the longstanding legal mandate. The Centre informed the Court that the 1923 Act, the 1954 Waqf Act, and the 1995 Act consistently made registration compulsory. However, many waqfs remain unregistered, a problem attributed by senior advocate Kapil Sibal to the “failure of State governments” to conduct surveys and enforce registration.

The petitioners expressed concern that the 2025 Act would unjustly deprive unregistered waqfs—including historically significant mosques and burial grounds—of their legal status. Senior advocates A.M. Singhvi and Rajeev Dhavan emphasized that waqf by user is a deeply rooted Islamic institution, integral to religious and social life, and protected under the Constitution’s Article 25 (freedom of religion) and Article 26 (right to manage religious property).

The petitioners also criticized provisions requiring proof of Muslim faith for waqf creation, arguing this discriminates against Muslims uniquely and disproportionately affects tribal Muslim communities.

The Court continues to examine the balance between state regulation and religious rights concerning waqf administration.