The Supreme Court on Wednesday raised significant concerns over the recently amended Waqf Act, focusing on three contentious provisions: the treatment of “waqf by user” properties previously upheld by courts, the presence of non-Muslims in the Waqf Boards and Council, and the law’s stance on government-claimed land being excluded from waqf status.
A bench led by Chief Justice of India Sanjiv Khanna refrained from issuing an immediate order but indicated the possibility of an interim directive aimed at maintaining balance while the legal review continues. The matter will be taken up again on Thursday, giving the Centre and states a chance to respond.
This is the Court’s first substantive hearing on the new legislation, which faces over 70 challenges from MPs, Muslim scholars, religious bodies, and political parties. The petitioners argue that the law undermines Articles 25 and 26 of the Constitution, which guarantee religious freedom and autonomy in managing religious affairs.
Key Observations by the Supreme Court:
1. Court-Declared Waqf Properties:
The bench emphasized that properties previously ruled as waqf—either by user or declaration—should not be de-notified or reclassified. “If such properties are stripped of their waqf status, it could have serious legal consequences,” the Court observed.
2. Collector’s Role in Property Disputes:
The Court questioned the fairness of a clause that bars a property from being considered waqf while a district collector’s inquiry is ongoing. It suggested that such a proviso should not be enforced, though collectors may proceed with their investigations and approach the Court if needed.
3. Board Composition and Religious Representation:
Highlighting a disparity, the Court questioned why non-Muslims were included in Muslim religious bodies, when the same practice isn’t applied to Hindu endowments. The Court clarified that while ex officio members (government officials) can belong to any faith, appointed members of Waqf Boards and the Central Waqf Council should be Muslims only, in line with the institution’s religious context.
The Court’s comments come amid public protests against the amended law, including demonstrations in places like Ludhiana, where Muslim organizations voiced their disapproval.
