Waqf case LIVE | Waqf is just charity, not essential to Islam: Centre tells SC
Centre defends Waqf Act, 2025 in SC, saying waqf by its very nature is a “secular concept”, can't be stayed given “presumption of constitutionality” in its favour
The Centre on Wednesday (May 21) told the Supreme Court that the concept of waqf was not an essential part of Islam and only referred to charity, which is also practised by other religions.
Solicitor General Tushar Mehta made the point while responding to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on behalf of the Centre before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih.
Centre’s argument
Mehta argued that non-Muslims should be permitted to be part of waqf boards as the essential role of the latter is to discharge “secular functions”.
“Waqf is an Islamic concept. But it is not an essential part of Islam…Waqf is nothing but just charity in Islam. Judgements show that charity is part of every religion and can happen for Christianity also. Hindus also have a system of daan. Sikhs also have it,” Mehta said.
‘Govt empowered to reclaim waqf properties’
During Wednesday’s hearing, the Centre also told the top court that nobody can claim right over government land, and it is legally empowered to reclaim properties that are declared waqf by using the waqf user principle.
Waqf by user refers to a concept where a property is recognised as waqf based on its long-term use for religious or charitable purposes, even without formal documentation.
“There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf,” Mehta said.
What SC told petitioners
On Tuesday, Chief Justice of India (CJI) BR Gavai told the petitioners challenging the Waqf legislation that there is a presumption regarding the constitutionality of the law passed by Parliament and that courts cannot interfere unless a glaring case is made for interim relief.
CJI Gavai, along with Justice Augustine George Masih, is hearing a bunch of petitions challenging the contentious legislation.
Earlier, the Centre urged the top court to confine the hearing on pleas challenging the validity of the Waqf (Amendment) Act for passing interim orders to three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed”.
The bench was asked by Solicitor General Tushar Mehta, appearing for the Centre, to confine the proceedings identified by the earlier bench.
“The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only,” the law officer.
The submission was opposed by senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, that there cannot be any piecemeal hearing.
One of the issues is the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.
The second issue raised by the petitioners relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members.
The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
The hearing is underway and Sibal commenced advancing submissions and is referring to the background of the case.
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- 20 May 2025 3:52 PM IST
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Referring to the removal of the provision of “waqf by user” in the amended act, Singhvi says that most of such properties are unregistered adding that it was creating a “vicious cycle” as if one raises a legal dispute over such a property, it would cease to be waqf.
- 20 May 2025 3:42 PM IST
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- 20 May 2025 3:36 PM IST
Redefinition of religious property never happened before: Senior advocate Rajeev Dhavan
Starting his argument senior advocate Rajeev Dhavan referred to Sibal’s submission stating that the “of redefinition of religious property” has never happened in the past, not even during the British era. He also said that it was only the Muslim religion, where property was being dealt with in such a manner.
- 20 May 2025 3:32 PM IST
Sibal expresses concern over non-Muslim members to the Waqf Council
Responding to Justice Masih’s observation that the amended act does not restrict the number of Muslim members in the Central Waqf Council, Sibal said that unless the court interprets it in such a way that all other members are Muslims, not a single person is a Muslim or non-Hindu.
- 20 May 2025 3:22 PM IST
Govt can now appoint non-Muslims to waqf council: Sibal
Sibal points out that under the amended act the Centre is not prohibited from appointing non-Muslims to the waqf council.
- 20 May 2025 3:06 PM IST
Non-Mislims are the majority in waqf council under amended act: Sibal
Sibal pointed out that the current composition of the waqf council as per the amended act shows that earlier it had only Muslim members but now non-Muslims are the majority.
- 20 May 2025 3:03 PM IST
In case of any dispute, a property can't be registered as waqf under the amended act : Sibal
Referring to the section 7A of the amended Waqf Act, Sibal urged the court to connect it with Section 3r and 3C stating that the term “dispute” in the amended act can be any kind of dispute. He further argued that under the new act, if any type of dispute is raised in relation to a property, it cannot be registered as a waqf property at all.
- 20 May 2025 2:41 PM IST
Provision for survey removed in the amended Waqf Act: Sibal
Drawing the court’s attention to the Waqf Act of 1995, Sibal said that under the Act, first a survey had to be conducted and then the waqf items had to be identified. He also said that the survey had to completed within a year adding that in the amended act the entire process has been done away with. He also argued that the amended act paves the way for takeover of a community's rights.
- 20 May 2025 2:34 PM IST
Once a structure is declared as protected, it loses waqf status: Sibal
Referring to the list of protected structures in ASI’s official website, Sibal argued that once a structure is declared as protected, it loses waqf status.
He also stated that it implies whenever any dispute is raised, the waqf status gets removed and termed it as “very disturbing”
