The Supreme Court on Wednesday raised concerns about the newly enacted Waqf law, highlighting three key issues: the status of “waqf by user” properties previously recognized by court rulings, the predominance of non-Muslim members in the Waqf Council and Waqf Boards, and the provision that bars a property from being considered waqf if it is claimed as government land.
A three-judge bench headed by Chief Justice of India Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan is presiding over the matter. Senior advocates Kapil Sibal, AM Singhvi, and Rakesh Dwivedi are appearing for the petitioners, while Solicitor General Tushar Mehta is representing the central government.
During the proceedings of the court, CJI asked: “Mr Tushar Mehta, are you arguing that as far as the Hindu endowments or Hindu religious bodies are concerned, you will allow minorities, including Muslims to be a member of the Board or Council? Please say that very openly.” To this, Mr. Tushar Mehat, the Solicitor responded that the Lordships should not hear the matter with that logic.
Responding to his argument, CJI noted that; “No, sorry Mr. Mehta we are not talking just about adjudication. When we sit over here, we lose our religion, we are absolutely secular. For us, one side or the other side is the same. But then, when we are dealing with a Council looking after the religious affairs, issues may arise. Let’s say, in a Hindu temple tomorrow, a receiver is to be appointed or there is an endowment trust …all of them have Hindu are members of that Governing Board…How are you comparing it with judges, saying judges should be from different communities or background“.
Supreme Court will continue hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on Thursday. The Bill was passed by the Lok Sabha on April 3, and was cleared by the Rajya Sabha a day later. The controversial Bill subsequently received Presidential assent on April 5. However, a massive controversy erupted over the Bill with several political parties opposing its enactment. Around 70 petitions have been listed before the top court for consideration today.
The law was passed in Parliament following intense debate. In the Rajya Sabha, it was approved with 128 votes in favor and 95 against, while the Lok Sabha passed it with 288 members supporting the Bill.
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