In the Supreme Court, Senior Advocates Kapil Sibal and Abhishek Singhvi questioned the new Waqf law, asking, “Who asks for proof of religion?” while arguing that the law unfairly targets religious endowments.
New Delhi: Senior Advocate Kapil Sibal argued before the Supreme Court today that establishing Waqf is fundamentally a religious act, reflecting a Muslim’s commitment of property to God. This statement was made in opposition to the inclusion of non-Muslim members in Waqf bodies as specified in the Waqf Amendment Act enacted this year.
Mr. Sibal, representing a petitioner, contended that the new law’s structure for the Central Waqf Council could potentially make Muslims a minority.
The council, comprising 22 members, includes the Minority Affairs Minister as an ex officio member, requires ten members to be selected from the Muslim community, and also includes jurists, individuals of national significance, and a bureaucrat.
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The Senior Advocate contended that the authority over Waqf bodies has been removed from Muslims.
Referencing Hindu and Sikh institutions, Mr. Sibal remarked,
“Every religious endowment, not a single person is a Muslim or non-Hindu,”
Chief Justice BR Gavai then inquired,
“What about Bodh Gaya? All are Hindus.”
Mr. Sibal responded, “I knew you will ask this,” and noted that places of worship can serve both Hindus and Buddhists.
Mr. Sibal emphasized,
“These are mosques. This is not secular. Creation of Waqf is itself not secular. It’s a Muslim property dedicated to God,”
Senior Advocate Abhishek Singhvi, also representing a petitioner, stated that the new law creates a scenario where applicants are compelled to repeatedly visit the Waqf registration office “forever.”
Mr. Singhvi argued that under the new law, once a dispute arises, a property would lose its Waqf status,
“This is just to infuse terror… Endowments exist in every religion. Which religious endowment requires proof of practice for the last five years? Who asks for proof of religion?”
Senior Advocate Rajeev Dhawan, representing another petitioner, claimed this is the first instance of religion being redefined within a religious Act.
“We are a secular nation. One of my clients is a Sikh. He says I want to contribute to Waqf and I believe this property should not be taken away. The question also goes to the root of secularism.”
Senior Advocate Huzefa Ahmadi questioned how one would be identified as a practicing Muslim to meet the requirements of the new law.
“Can someone ask me, do you pray five times a day… and then someone will ask me if I drink… is that how it will be judged?”
Earlier , Chief Justice Gavai mentioned that there is a presumption of constitutionality for legislation that passes through Parliament, and courts can only intervene if a clear case is presented.
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Earlier, the Supreme Court of India heard petitions against the amended Waqf Amendment Act, 2025. Petitioners argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
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.
Case Title: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025