Doctrine of Essentiality and the Waqf Amendment Act, 2025

Current Context: The Supreme Court of India has reserved its judgment on the constitutional validity of the Waqf (Amendment) Act, 2025, after hearing arguments challenging the Act.

About Doctrine of Essentiality

• Definition: A principle established by the Supreme Court to determine which religious practices are essential to a religion and thus protected under Article 25 of the Constitution.
• Purpose: To balance the right to freedom of religion with other fundamental rights, ensuring that only essential religious practices receive constitutional protection.

Key Points in the Waqf Act Debate

• Government’s Stand: The Centre argued that Waqf is not an essential part of Islam and thus does not warrant constitutional protection as a fundamental right.
• Petitioners’ Argument: Opponents contended that Waqf represents a permanent dedication to God, integral to Islamic practice.

Supreme Court’s Observation: Chief Justice likened Waqf to the Hindu concept of ‘Moksha,’ indicating its spiritual significance but questioned its essentiality to the religion.