• SC questions inclusion of non-Muslims in Central Waqf Council under new law.
• Court highlights issues with ‘Waqf by user’ provisions lacking documentation.
• Next hearing scheduled for April 17 at 2 PM; no interim relief granted yet.

The Supreme Court on April 16 took a critical stance during its hearing on the constitutional validity of the Waqf (Amendment) Act, 2025. The bench, headed by Chief Justice Sanjiv Khanna, expressed concern over the Act’s treatment of ‘Waqf by user’ properties. These properties are used for religious or charitable purposes over centuries but lack formal records.

The court also grilled the Centre over the inclusion of non-Muslims in the Central Waqf Council. It directly questioned whether a similar approach would ever be taken with Hindu endowment boards.

Waqf Act Hearing Sparks Constitutional and Religious Debate in Supreme Court

The Waqf (Amendment) Act, 2025, passed earlier in March and in effect since April 8, has come under fire. Critics allege it violates the rights of religious minorities. The Supreme Court heard a total of 73 petitions filed by political parties, religious groups, and NGOs challenging various aspects of the Act. Chief Justice Khanna made it clear that the court must first decide whether it will adjudicate the matter or send it to a high court.

A contentious provision under debate is the Act’s handling of ‘Waqf by user’ properties. These properties have long been accepted as Waqf due to continuous use, even without formal documentation. Petitioners argue that dismissing such Waqfs en masse will disenfranchise communities that have been stewards of these lands for generations. The court also raised concerns about the feasibility of providing records for centuries-old religious sites.

Another flashpoint emerged when the court questioned the inclusion of non-Muslims in the Central Waqf Council. The Chief Justice challenged the Centre to clarify whether such cross-religious appointments would be acceptable if reversed. This prompted a tense exchange with Solicitor General Tushar Mehta. The court hinted at the possibility of this setting a precedent with far-reaching implications on religious governance structures.

Despite the protests surrounding the law, the Centre maintains that the Act is a corrective measure. It is designed to prevent unauthorized occupation of public and private land under the garb of Waqf. Union Minister Kiren Rijiju and others have insisted the law aims to ensure accountability, not religious discrimination. The matter remains unresolved as the bench will reconvene on April 17 at 2 PM to continue the hearing.

As the Supreme Court prepares to resume hearings, the debate surrounding the Waqf Amendment Act continues. It raises deep constitutional and societal questions, touching the very core of secularism, religious rights, and land governance in India.

“Will Muslims be on Hindu boards? Say it openly.” – Chief Justice Sanjiv Khanna