Centre Tells Supreme Court Waqf Is Not Essential To Islam During Ongoing Hearing

The Centre informed the Supreme Court on Wednesday that Waqf, though an Islamic concept, is not an essential part of Islam.

The statement came during the second day of hearings on the new Waqf Act, which Chief Justice BR Gavai’s bench is leading.

Solicitor General Tushar Mehta, representing the Centre, argued that Waqf represents an Islamic tradition but essentially functions as a form of charity practiced in other religions too.

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, challenged by several petitioners.

Charity, as an institution, transcends religion and should not seen as an inherent or essential element of Islam, he emphasised.

Waqf By User And Government Authority Over Properties

The Solicitor General further elaborated that the controversial ‘waqf by user’ clause allows declaring properties 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 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, intended to address concerns from the non-Muslim community, whose interests might affected by the decisions made by the Waqf board.

Mehta continued, explaining that the Waqf board’s role is not religious and that even in the past, non-Muslim charity commissioners controlled Waqf administration 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, 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, 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 likely 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.