Question

If the State Waqf Board composition requires non-Muslim members exceeding the limit set by the Amendment, can it be challenged under Articles 25, 26, and 14?

Hint:

Religious property → denominational autonomy must dominate. Excessive State control or non-believer participation violates Arts. 25–26.

Answer 1

Yes. The composition of the Waqf Board is constitutionally challengeable if non-Muslim members exceed statutory limits or undermine denominational control. 
1. Article 26(b) – Denominational autonomy 
A Waqf Board administers a religious endowment belonging to a particular denomination (the Muslim community). Under Art. 26(b):  
“Every religious denomination has the right to manage its own affairs in matters of religion.” 
Excessive non-Muslim representation: 

intrudes into internal religious management, 
alters the denominational character of the Board, 
violates 26(b) and 26(d) (administration of religious property). 
2. Article 25 – Freedom of religion 
Administration of waqf property is integrally tied to religious practice (graveyards, mosques, madrasas). Interference dilutes the autonomous functioning of religious institutions. 
3. Article 14 – Arbitrariness 
If non-Muslims exceed limits set by the Amendment: 

classification loses rational nexus, 
it becomes arbitrary, 
Article 14 is violated because Hindu trust boards and Sikh gurdwara committees maintain denominational representation. 
4. Precedent analogy SC in: 

Shirur Mutt – autonomy of religious denominations is protected. 
Sri Adi Visheshwara – State cannot take over permanent management of religious property. 
These principles apply similarly to waqf administration. 
Conclusion
The Board composition can be struck down for violating Articles 25, 26(b), 26(d), and 14.