Clarificatory and Retrospective Nature of the 2013 Amendment to Section 3(g)

The amendment brought to Section 3(g) of the Waqf Act, 1995, by Act 27 of 2013, which expanded the definition of 'list of auqaf' to include not only the survey list published under Section 5(2) but also the register of auqaf maintained under Section 37, is purely procedural and clarificatory in nature. By substituting the definition, the Parliament rectified a statutory omission and aligned the definition with the pre-existing dual mechanisms under Chapter II (survey) and Chapter V (registration) through which waqfs were recognized under the Act from its inception. Because a procedural amendment that merely modifies the forum for enforcing rights without impairing substantive rights or creating new disabilities applies retrospectively by necessary implication, the expanded definition of 'list of auqaf' applies from the inception of the 1995 Act. Consequently, disputes regarding properties registered under Section 37 stand on the exact same legal footing as those listed under Section 5(2) for the purpose of conferring jurisdiction on the Waqf Tribunal under Sections 6 and 7. (Habib Alladin & Ors. v. Mohammed Ahmed | 2026 INSC 90)