GUWAHATI: The Supreme Court on Wednesday, April 16, reserved its order on a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. During the hearing, the apex court posed a particular query to the central government, asking whether it would be willing to allow Muslims to be members of Hindu religious trusts. The question was raised as the bench examined the implications of the recent amendments made to the Waqf Act.
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A three-judge bench comprising Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan heard arguments from senior advocates representing the petitioners. Additionally, the court condemned the violent protests that broke out in parts of the country following the enactment of the amended legislation, calling the developments “very disturbing.”
During the proceedings, senior advocate Kapil Sibal argued that the inclusion of non-Muslims in Waqf Councils amounted to a violation of Article 26 of the Constitution, which guarantees the freedom of religious denominations to manage their own affairs. Sibal questioned how the state could determine whether an individual was a practicing Muslim, noting that the amended law required proof of practising Islam for at least five years in order to create a waqf.
Chief Justice Khanna responded that similar legal oversight already existed in other religions, including Hinduism, and that Parliament was within its rights to enact legislation concerning religious endowments. He noted that Article 26 did not bar the Parliament from legislating on matters concerning religious institutions, as long as it maintained secular application.
In response, senior advocate Abhishek Manu Singhvi contended that the amendment had nationwide ramifications and therefore should not be relegated to the high courts for adjudication. Advocate Huzefa Ahmadi, representing another petitioner, added that waqf was an established Islamic practice and could not be arbitrarily altered by the state.
In an exchange during the hearing, CJI Khanna remarked that when he was in the Delhi High Court, he had been informed that the court building itself stood on Waqf property. The bench then asked the Centre if it was prepared to allow reciprocal arrangements for Muslims to be part of Hindu religious trust boards, in light of the amendment's provisions.
The petitions were filed by several individuals and organisations, including AIMIM chief Asaduddin Owaisi, AAP leader Amanatullah Khan, Congress MP Mohammad Jawed, Association for the Protection of Civil Rights, and Samastha Kerala Jamiathul Ulema, among others. Trinamool Congress MP Mahua Moitra and Samajwadi Party leader Zia-ur-Rahman Barq also submitted separate petitions.
The Waqf (Amendment) Act, passed by the Lok Sabha on April 3 and cleared by the Rajya Sabha on April 4, received presidential assent on 5 April. The law sought to introduce reforms in the regulation and administration of Waqf properties across India. The amendments included new eligibility criteria for setting up waqf, provisions for non-Muslim representation in waqf boards, and a unified framework for Waqf property management.
The Supreme Court has listed the matter for further hearing on Thursday, April 17.