Supreme Court Questions Waqf Act Amendments: “Will Muslims Be Allowed in Hindu Religious Trusts?”

Supreme Court Questions Waqf Act Amendments – The Supreme Court on Wednesday took a hard look at the Waqf (Amendment) Act, 2025, raising sharp constitutional and religious concerns while hearing a batch of 72 petitions challenging the validity of the new law.

A three-judge bench headed by Chief Justice Sanjiv Khanna along with Justices Sanjay Kumar and V. Viswanathan, examined whether certain provisions in the Act infringe upon fundamental rights and existing legal precedents.

In a significant observation, the bench questioned the BJP-led Central Government:

“Are you saying Muslims can now be included in Hindu religious trusts? Then say it openly.”

This bold remark came as the court scrutinized the controversial inclusion of non-Muslims in Waqf Boards and Councils, a move that has drawn widespread criticism from several religious and political groups.

Court Considers Interim Stay on Three Key Provisions

During the high-stakes hearing, the top court considered putting an interim stay on three specific clauses of the newly enacted law:

1. Collector’s Powers in deciding disputed Waqf properties.
2. De-notification of Waqf Properties already recognized by courts.
3. Inclusion of Non-Muslims in the composition of Waqf Boards and Councils.

The court clarified that ex officio members may be non-Muslims, but insisted that the remaining board members must be Muslims only, preserving the religious identity of the institution.

What Is “Waqf by User”?

The bench delved into the concept of “Waqf by user”, a traditional practice where properties are recognized as waqf due to longstanding religious use, even without formal documentation.

Chief Justice Khanna noted:

“How will you register such waqfs by user? Many won’t have documents. You can’t undo a legacy just like that. Legislature cannot void court judgments.”

The court strongly hinted at preserving such historical designations and preventing their arbitrary de-notification.

No Interim Order Yet, Hearing to Resume Tomorrow

Although the court refrained from issuing a formal interim order on Wednesday, it made its intentions clear:

• Properties declared as waqf by courts will not be de-notified.
• Collector’s powers will remain in suspension until further notice.
• Non-Muslim appointments will be limited to ex officio roles, pending final judgment.

The court said it aimed to balance the equities while ensuring that no irreversible harm is done to religious trusts amid the legal scrutiny.

Centre Opposes Stay, Seeks Detailed Hearing

Solicitor General Tushar Mehta, appearing for the Centre, opposed any immediate stay on the Act’s provisions. He assured the court that no more than two non-Muslims—besides ex officio members—would be included in the Waqf bodies, and agreed to file an affidavit to that effect.

However, the court responded strongly:

“You cannot rewrite the past. If a public trust was declared waqf 200 years ago, it can’t be undone today.”

A Political and Legal Storm Brewing

The Waqf Amendment Act, 2025, was passed by the Parliament in early April amid intense debates. It received Presidential assent on April 5, triggering legal challenges from prominent organizations and political figures such as:

• AIMIM leader Asaduddin Owaisi
• All India Muslim Personal Law Board (AIMPLB)
• Jamiat Ulama-i-Hind
• DMK
• Congress MPs Imran Pratapgarhi and Mohammad Jawed

The case has united senior legal minds like Kapil Sibal, Abhishek Manu Singhvi, and Rajeev Dhavan, who have all argued for preserving the religious autonomy of Waqf institutions.

What’s Next?

The Supreme Court will continue hearing the matter at 2 PM on April 17, where it may pass an interim order balancing the rights of all stakeholders until a final verdict is reached.

As the debate unfolds, the Waqf Amendment Act is shaping up to be a major constitutional flashpoint, testing the limits of legislative power and minority rights in modern India.