The Centre informed the Supreme Court on Wednesday that Waqf, though an Islamic concept, is not an essential part of Islam.
This statement was made during the second day of hearings on the new Waqf Act, which are being led by a bench headed by Chief Justice BR Gavai.
Solicitor General Tushar Mehta, representing the Centre, argued that while Waqf is recognised as an Islamic tradition, it is essentially a form of charity, which is also prevalent in other religions.
He pointed out that “Hindus have a system of daan, and Sikhs have similar charitable practices.” According to Mehta, Waqf is “nothing but just charity in Islam.”
Mehta’s statement came as the Centre continues to defend the new Waqf Act, which has been challenged by several petitioners.
He emphasised that charity, as an institution, transcends religion and should not be seen as an inherent or essential element of Islam.
Waqf By User And Government’s Authority Over Properties
The Solicitor General further elaborated on the controversial ‘waqf by user’ clause, which allows properties to be declared as waqf based on long-term use for religious or charitable purposes, even without formal documentation.
Mehta asserted that the Central government had the authority to reclaim such properties, stating, “Waqf by user is not a fundamental right, and was recognised by a statute. If a right is conferred by statute, it can always be taken away by a statute.”
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He added that, according to Supreme Court precedents, the government holds the right to safeguard properties that belong to it, even if they have been declared as Waqf.
“Nobody has the right over government land,” Mehta said, reinforcing the government’s stance on reclaiming waqf properties.
The Waqf Board: Secular And Inclusive
Mehta also addressed concerns regarding the inclusion of non-Muslims on the Waqf board. He argued that Waqf is “purely secular” in nature, as it does not deal with religious functions.
He explained that the provision allowing the appointment of non-Muslims to the board was intended to address concerns from the non-Muslim community, whose interests might be affected by the decisions made by the Waqf board.
“The Waqf board’s role is not religious,” Mehta continued, explaining that even in the past, Waqf administration had been under the control of non-Muslim charity commissioners in some cases.
He assured that appointing two non-Muslim members would not prejudice the character of the Waqf board.
Constitutional Challenge And Future Of The Waqf Amendment Act
The Waqf (Amendment) Act, 2025, which was signed into law by President Droupadi Murmu on April 5, has been under scrutiny for its constitutional validity.
The Act, which passed with significant support in both the Lok Sabha and Rajya Sabha, has been challenged on various grounds.
The Centre’s defence of the Act comes after it received backing from the majority of MPs, with 288 voting in favour in the Lok Sabha and 128 in the Rajya Sabha.
The legal battle over the Act is expected to continue in the coming days as the Supreme Court considers the challenges raised by petitioners.
Conclusion: A Landmark Case For Waqf And Religious Rights
The ongoing case at the Supreme Court represents a significant moment for the future of Waqf regulation in India, with key constitutional, legal, and religious considerations at play.
As the Centre defends the new Waqf Act, the Court’s final decision will likely set a precedent for the relationship between religious charity, government regulation, and individual rights in the country.
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