Congress opposes Hindu members on Madhya Pradesh Waqf Board, plans Supreme Court challenge
Madhya Pradesh reconstituted its State Waqf Board, appointing two Hindu members to the ten-member committee — becoming the first state to implement this provision of the Waqf (Amendment) Act, 2025.
The reconstitution follows the Waqf (Amendment) Act, 2025, which mandates inclusion of two non-Muslim members (excluding ex-officio members) on each State Waqf Board.
The reconstitution has been challenged in the Supreme Court, with petitioners arguing it violates Articles 25 and 26 of the Constitution, which protect the right of religious denominations to manage their own affairs.
The Supreme Court had already issued an interim order in the broader constitutional challenge to the Waqf (Amendment) Act, 2025, capping non-Muslim members at three on State Waqf Boards and four on the Central Waqf Council.
Waqf: Definition, Legal Basis, and Administration
A waqf is a permanent endowment of property by a Muslim individual for religious, pious, or charitable purposes. Once dedicated, the property cannot be alienated, gifted, or inherited. In India, waqf properties are administered under the Waqf Act, 1995 (and its predecessor, the Waqf Act, 1954), which established a statutory framework including a Central Waqf Council at the national level and State Waqf Boards in each state. The Waqf Act, 1995 originally required all members of State Waqf Boards to be Muslims, reflecting the principle that religious endowments should be administered within the community that created them.
Key Details
- Waqf Act, 1995: Primary legislation governing waqf properties across India.
- Central Waqf Council: Apex advisory body at the national level.
- State Waqf Boards: Statutory bodies to supervise, administer, and control waqf institutions in each state.
- Original composition (1995 Act): All members of State Waqf Boards were required to be Muslim.
- Waqf properties constitute one of the largest categories of religious endowment land in India.
The Madhya Pradesh reconstitution is the first state-level implementation of the Waqf (Amendment) Act, 2025's provision for non-Muslim members — placing the legal debate about community control of religious endowments squarely before the courts.
Waqf (Amendment) Act, 2025: Key Changes to Board Composition
The Waqf (Amendment) Act, 2025 significantly restructured the composition of both the Central Waqf Council and State Waqf Boards. Under the amended framework, State Waqf Boards must include at least one member each from Shia, Sunni, and other backward classes among Muslim communities, one member from Bohra and Aghakhani communities, at least two women members, and two non-Muslim members (excluding ex-officio members). For the Central Waqf Council, two of the non-ex-officio members must be non-Muslim. The amendment also altered property survey and claims processes, and expanded government oversight over waqf properties.
Key Details
- State Waqf Board composition (post-2025 amendment): Mandates two non-Muslim members (excluding ex-officio).
- Central Waqf Council: Mandates two non-Muslim non-ex-officio members.
- The amendment also requires at least two women members on State Waqf Boards.
- Supreme Court interim order (September 2025): Capped non-Muslim members at three on State Boards and four on the Central Council, pending final hearing.
- Over 65 petitions challenging the constitutional validity of the 2025 Act were filed in the Supreme Court.
Madhya Pradesh's appointment of two Hindu members directly implements this provision; the Supreme Court challenge to this state action is part of the broader constitutional litigation over the 2025 Act.
Article 26: Right of Religious Denominations to Manage Their Own Affairs
Article 26 of the Constitution guarantees every religious denomination (or section thereof) the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in matters of religion, and administer property acquired for religious purposes — subject to public order, morality, and health. This article is the primary constitutional ground on which the inclusion of non-Muslim members on Waqf Boards has been challenged. Petitioners argue that a Waqf Board exercises religious functions on behalf of the Muslim community and that mandatory inclusion of non-Muslim members violates the community's right to self-administration.
Key Details
- Article 26(b): Guarantees religious denominations the right to manage their own affairs in matters of religion.
- Article 26(d): Guarantees the right to administer property in accordance with law.
- The limitation clause in Article 26 allows the state to regulate only in the interests of public order, morality, and health — not for broader social reform.
- Distinct from Article 25 (individual freedom of conscience and religion), Article 26 is a group right vested in religious denominations.
- Key judicial precedents: Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar (1954) — the Supreme Court distinguished between religious practice (protected under Art. 26(b)) and secular activities (regulable by the state).
The Madhya Pradesh challenge and the broader Supreme Court litigation turn on whether Waqf Board administration constitutes a "matter of religion" protected by Article 26(b), or a secular activity that Parliament may regulate under entry 10 of the Concurrent List (trust and trustees).
Federal Structure and State Implementation of Central Legislation
The Waqf Act, 1995 is a Central legislation under Entry 10 (Trusts and Trustees) and Entry 28 (Charities and charitable institutions) of the Concurrent List (Seventh Schedule). This means both Parliament and state legislatures can legislate on these matters, but Central law prevails in case of repugnancy. When the Central Waqf Act is amended by Parliament, state Waqf Boards are bound to reconstitute themselves in line with the new requirements.
Key Details
- Concurrent List, Entry 10: Trusts and trustees (empowers both Parliament and state legislatures).
- Concurrent List, Entry 28: Charities and charitable institutions.
- Article 254: In case of repugnancy between Central and state law on a Concurrent List subject, Central law prevails.
- State Waqf Boards are statutory, not religious bodies — they derive authority from statute, not from Islamic law.
Madhya Pradesh's reconstitution is a mandatory consequence of the Central amendment — state discretion lies only in the choice of specific individuals, not in whether to appoint non-Muslim members at all.
- Waqf Act, 1995: Original statute — required all State Waqf Board members to be Muslim.
- Waqf (Amendment) Act, 2025: Mandates two non-Muslim members on State Waqf Boards.
- Madhya Pradesh: First state to appoint Hindu members (two) to its reconstituted Waqf Board.
- Supreme Court interim order (September 2025): Caps non-Muslim membership at three (State Boards) and four (Central Council) pending final hearing.
- Over 65 petitions filed in the Supreme Court challenging the 2025 Act.
- Article 26: Constitutional provision protecting religious denominations' right to manage their own affairs.
- Concurrent List, Entries 10 and 28: Legislative competence basis for the Waqf Act.