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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Live Updates
- 20 May 2025 1:08 PM IST
The amendments pave way for waqfs to lose their character with retrospective effect: Sibal
Sibal raises the concern that in the case of waqf-by-user properties dating back centuries, identifying the original creator — even if the waqf is registered — may be impossible due to the absence of historical records.
He further notes that under the amendments, if a muthawalli (the manager of a waqf) is unable to name the original creator of the waqf, they risk facing six months’ imprisonment along with a fine.
- 20 May 2025 12:59 PM IST
2025 Act lacks clear procedure to decide if property is waqf or govt-owned: Sibal
Kapil Sibal flags that the 2025 Act lacks a clear and defined procedure for the enquiry conducted by the designated officer to decide whether a property is waqf or government-owned.
He further points out that the waqif — the individual dedicating the property — can approach the Waqf Tribunal only after the officer has already determined that the property is not waqf.
- 20 May 2025 12:53 PM IST
Demanding proof of religious practice for waqf dedication violates Article 25: Sibal
Highlighting the extent of executive interference under the 2025 Act, Sibal notes that under Section 3 of the Act, if any government agency or local body — even a panchayat — raises a dispute over a waqf property, that property automatically loses its waqf status.
He further contends that mandating individuals to prove they are practising Muslims infringes upon Article 25 of the Constitution, which guarantees the right to freedom of religion.
- 20 May 2025 12:47 PM IST
Failure to stay 2025 waqf amendments will cause irreparable damage: Kapil Sibal
The CJI emphasised that parliamentary legislation is presumed to be constitutional.
Responding to this, Sibal contended that failing to halt the implementation of the 2025 amendments would lead to irreparable harm.
- 20 May 2025 12:41 PM IST
The 2025 amendments are a ‘creeping acquisition’ of waqf properties: Sibal
Kapil Sibal noted that previously, members of the state waqf boards were elected. However, under the new provisions, all positions are filled through nominations. Of the 11 members, up to seven can be non-Muslims, which he argues amounts to a conceptual takeover of the boards.
He emphasised that this shift represents a form of ‘creeping acquisition’ of waqf properties.
- 20 May 2025 12:36 PM IST
Waqf management diluted as most of central waqf council members non-Muslims: Sibal
Sibal challenges the 2025 Act’s requirement that only a “practising Muslim” can dedicate property as waqf.
He points out that the legislation overlooks waqf dedications made by members of Scheduled Tribes who are also Muslims.
Sibal further argues that the right to manage waqf properties has been undermined, noting that under the new law, the Central Waqf Council is dominated by non-Muslim members.
- 20 May 2025 12:22 PM IST
Waqf 2025 amendments violate the fundamental right to manage religious affairs: Sibal
The petitioners highlight that, under the 2025 Act, any structure designated as a protected monument or area would lose its waqf status.
The CJI then questioned whether such a designation could interfere with citizens' rights to worship or continue their religious practices.
Kapil Sibal affirmed this concern, arguing that the 2025 amendments are expropriatory in nature. He said they dist the dedication of the property as a waqf and was a violation of the fundamental rights to manage religious affairs, equality and dignity.
