SC says Waqf registration became necessary in 1923, not 1922.

• The Supreme Court ruled that mandatory registration of Waqfs dates back to 1923, not the Waqf (Amendment) Act of 2025.

• Chief Justice of India B.R. Gavai and Justice A.G. Masih questioned why Waqfs across the country, including Waqfs by user, have not registered.

• The Centre argued that registration was made mandatory with the pre-Independence Mussalman Wakf Act of 1923.

• The Waqf Enquiry Committee recommended stricter measures due to the “persistent issue” of unregistered Waqfs.

• Section 4 of the Waqf Act of 1995 reiterated the mandatory registration policy, including for Waqf by user.

• Senior advocate Kapil Sibal argued that the lack of registration till 2025 was due to the failure of State governments to conduct a comprehensive survey of waqf properties.

• The petitioners argue that the 2025 Act will deprive unregistered Waqfs of their status, including centuries-old waqfs by user.

• Senior advocate Rajeev Dhavan countered the government’s claim that the creation of Waqf, an act of charity, is not an essential part of Islam.