Government Pushes Ahead with New Waqf Rules 2025 Despite SC Challenge

Centre Notifies Digital Portal & Database for Waqf Properties, Raising Questions of Legal Certainty Amidst Pending Verdict

The Union Government has taken a significant and assertive step towards streamlining the management of Waqf properties across India, notifying the “Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025” on July 3, 2025. This move comes even as the Supreme Court has reserved its order on multiple petitions challenging the very Waqf (Amendment) Act, 2025, which forms the legal basis for these new rules.

These rules aim to establish a centralized digital portal and database for Waqf properties, promising enhanced transparency, accountability, and efficient administration. However, the decision to proceed with implementation while the foundational Act faces judicial scrutiny introduces a layer of legal uncertainty and highlights the government’s determination in pursuing these reforms.

Key Features of the Waqf Rules 2025 (Now in Effect)

Digital Portal & Unique ID

A new digital portal, supervised by the Ministry of Minority Affairs (Waqf Division), will assign a unique identification number to every Waqf property. This is intended to create transparent records for tracking and monitoring. State Governments must appoint Nodal Officers to facilitate data upload.

Mandatory Mutawalli Registration

Mutawallis (custodians of Waqf properties) are now required to register on the portal using mobile and email authentication. They must upload comprehensive details including:

• Property boundaries
• Usage and occupier information
• Creator and creation date
• Purpose of the Waqf
• Current management details

State Government’s Role in Listing

State Governments must publish a list of Waqf properties within 90 days of survey completion, with all details uploaded to the new digital portal.

Time-Bound Inquiry for Disputes

Any inquiry into wrongful declaration of a property as Waqf must be completed within one year of the District Collector’s reference.

Strict Audit & Accounts

The rules mandate stringent accounting and auditing standards for Waqf boards, with annual audits now being compulsory to ensure financial discipline.

Support for Vulnerable Groups

Provisions have been made for financial support to widows, divorced women, and orphans from Waqf funds.

The Underlying Legal Tension

The “Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025” are framed under Section 108B of the Waqf Act, 1995, which was inserted by the Waqf (Amendment) Act, 2025 (effective from April 8, 2025). The Supreme Court’s decision to reserve its order on petitions challenging this very Amendment Act means its constitutional validity is yet to be determined.

This situation presents a unique legal dynamic:

Government’s Assertiveness

The notification of the rules signals the government’s resolve to move forward with the reforms, indicating confidence in the Act’s validity.

Potential Legal Ramifications

Should the Supreme Court later strike down or significantly alter the Waqf (Amendment) Act, 2025, the legal standing and continued operation of these newly notified rules could be jeopardized, potentially leading to administrative chaos or further litigation. This places a cloud of uncertainty over the implementation process.

Why This Matters Now

The new rules aim to prevent encroachments, ensure proper utilization of Waqf assets, and bring much-needed transparency to a sector that has historically faced challenges. The digital portal is expected to reduce disputes and improve accountability in the administration of Waqf properties, which constitute one of the largest land holdings in India.

However, the ongoing legal challenge underscores a fundamental debate about the scope of government intervention in religious endowments and the principle of judicial review over legislative action. The coming Supreme Court verdict will be a critical determinant of the long-term impact and sustainability of these significant reforms.

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