The Supreme Court on Tuesday raised sharp questions while hearing petitions challenging the Waqf Amendment Act, particularly objecting to the inclusion of non-Muslims in the Central Waqf Council. During the hearing, the bench expressed serious concern over the government’s move, asking if the same principle would apply to Hindu religious bodies. “Will you allow Muslims to be part of Hindu endowment boards? If not, then say it openly,” the court told the Centre, pressing for clarity on the rationale behind appointing non-Muslim members to a body that primarily oversees Muslim charitable endowments.
The bench, comprising senior judges of the top court, also questioned the controversial provision of ‘Waqf by user’, which allows land used by the Muslim community over time to be classified as Waqf property. The court warned that such vague categorization could lead to future land ownership disputes and communal tensions. It stated that the ambiguity surrounding user-based claims could create legal chaos and undermine property rights protected by the Constitution. The justices noted that such clauses demand stricter scrutiny, especially in a country as diverse and sensitive as India.
The Centre, in its defence, argued that the amendments were intended to modernize and strengthen the functioning of Waqf institutions, but the court remained unconvinced. It urged the government to be transparent about its intentions and called for a detailed explanation regarding the appointment process for the Central Waqf Council members. The hearing is part of an ongoing series of petitions filed by various individuals and organizations challenging the amendments passed in recent years. The court indicated that it would continue examining the law’s constitutionality in the coming weeks.
