Supreme Court Questions Waqf Law: "Will Muslims Be on Hindu Boards?"
The Supreme Court raised serious concerns over the new Waqf Amendment Act, especially about the inclusion of non-Muslims in the Central Waqf Council and the legality of ‘Waqf by user’. The court asked if Muslims will be allowed on Hindu boards, sparking a crucial constitutional debate.
04:40 PM Apr 16, 2025 IST
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Aakash Khuman
The Supreme Court of India is currently hearing over 70 petitions that challenge the new Waqf Amendment Act. The court, led by Chief Justice Sanjiv Khanna, expressed concern over several parts of the law.
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'Waqf by User' Creates Confusion
One major issue discussed was the concept of ‘Waqf by user’. This means if a property has been used for religious or charity purposes for a long time, it is considered Waqf—even without official papers. The new law says this doesn’t apply if the land is in dispute or belongs to the government.
Senior lawyer Kapil Sibal argued that this concept is a key part of Islam. He said, “How can we show papers for properties that have been Waqf for hundreds of years?”
Legal Powers to the Collector Questioned
Mr Sibal also raised concerns that the new law gives too much power to the District Collector. He said it is wrong for a government official to act like a judge in religious matters.
Are Waqf Properties at Risk?
Another lawyer, Abhishek Manu Singhvi, said nearly 4 lakh of India’s 8 lakh Waqf properties are based on user rights. The Chief Justice also mentioned, “We are told that the Delhi High Court is built on Waqf land.” The court added that while some misuse has happened, many Waqf properties are genuine.
Can Muslims Be Part of Hindu Trusts?
The court also raised a serious question about the new rule allowing non-Muslims on the Central Waqf Council. Chief Justice Khanna asked, “Will the government allow Muslims on Hindu religious boards as well?” He urged the Centre to answer this openly.
Protests Over the Law ‘Very Disturbing’
The Chief Justice said that the violence seen during protests against the law is worrying. The Centre's lawyer, Tushar Mehta, said the law was passed after a full debate in Parliament. Mr Sibal responded that it’s unclear who is really behind the protests.
The case will continue tomorrow as the court seeks more answers from the government.
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