This question struck at the heart of the issue of religious autonomy and raised an important constitutional debate.
NEW DELHI: The Supreme Court of India on Wednesday started hearing a group of petitions challenging the Waqf (Amendment) Act, 2025, recently passed by Parliament.
This new law, which was signed by President Droupadi Murmu on April 5, has triggered widespread criticism, especially from Muslim organisations and political leaders.
The main controversy is about a provision in the amended Waqf Act that now allows non-Muslims to be part of Waqf Boards. This has been seen by many as a serious interference in religious matters. On the other hand, the court posed an interesting counter-question to the government.
During the hearing, the Supreme Court bench, led by Chief Justice Sanjiv Khanna and including Justices Sanjay Kumar and K V Viswanathan, asked the Centre:
“Whether it was willing to allow Muslims to be part of Hindu religious trusts?”
This question struck at the heart of the issue of religious autonomy and raised an important constitutional debate.
The Supreme Court also made a notable comment during the hearing:
“Undoing the waqf by users” would create problems.
This observation refers to the risks involved in disrupting the traditional management and usage of Waqf properties by the Muslim community.
Two Key Questions From the Bench
Chief Justice Sanjiv Khanna said that the court was looking at the case from two main angles and asked both sides (petitioners and the Centre) to focus on these while presenting their arguments. He said:
There are two aspects we want to ask both sides to address.
- Firstly, whether we should entertain or relegate it to the high court?
- Secondly, point out in brief what you are really urging and wanting to argue?”
He further added:
“The second point may help us in deciding the first issue to some extent.”
This means that depending on what arguments are presented, the court may decide whether it should hear the matter itself or send it to the High Courts.
TODAY’S HEARING
During today’s hearing on the Waqf matter, the Supreme Court said it is contemplating an interim order to ensure a balanced approach.
The Court outlined three key directions it is considering:
- Properties already declared as Waqf by a court will not be de-notified or treated as non-Waqf, regardless of whether they are Waqf by user or not.
- District Collectors may proceed with ongoing actions under the new law, but the specific contested provision will not be implemented for now.
- Regarding appointments to the Waqf Board and Council, the Court said ex-officio members may be appointed, but the rest must be Muslims.
During the session, the Bench raised a significant question to Solicitor General Tushar Mehta, who appeared for the Central government:
“Mr. Mehta, are you saying that, going forward, Muslims will be allowed to be part of the Hindu endowment boards as well? Please say it clearly.”
In response, the SG said he would be willing to file an affidavit stating that not more than two non-Muslims would be appointed as members of the Waqf Council.
The Court, however, pointed out that only 8 of the 22 members in the Waqf Council are Muslims, noting, “Two of the judges may not be Muslims, and the rest are non-Muslims. That leaves Muslims in a minority.”
To this, SG Mehta remarked, “Then this bench cannot hear the case either,” drawing a strong reaction from the judges.
“What! When we sit here, we are above religion. We treat both sides equally. You cannot compare judges to board members. Why not include non-Muslims in Hindu advisory boards, then?” the Bench shot back.
The judges further pressed the SG: “Are you willing to state on record that only two, apart from the two ex-officio members, will be non-Muslims?”
“I can put that on affidavit,” SG Mehta replied.
The matter will continue tomorrow.
As many as 72 petitions have been filed in the Supreme Court against the new law. These include petitions from:
- AIMIM leader Asaduddin Owaisi
- All India Muslim Personal Law Board (AIMPLB)
- Jamiat Ulama-i-Hind
- Dravida Munnetra Kazhagam (DMK)
- Congress MPs Imran Pratapgarhi and Mohammad Jawed
These petitioners argue that the new law violates the constitutional rights of the Muslim community, especially their rights to manage their religious and charitable institutions.
ALSO READ: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
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