NEW DELHI: The Supreme Court on Wednesday asked the Centre whether Muslims would now be allowed to be part of Hindu religious trusts , as it heard a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan raised several questions on the Act, particularly about the practice of " waqf by user ", where a property is considered waqf based on long-standing religious or charitable use, even without formal documentation.
"How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem," the bench said.
Appearing for the Centre, solicitor general Tushar Mehta said a large section of Muslims did not want to be governed by the Waqf Act . This led the bench to ask, "Are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly."
The court observed that properties declared waqf a century ago could not be arbitrarily reclassified. "Legislature cannot declare a judgment, order or decree as void. You can only take the basis," it noted.
Chief Justice Khanna said the court would consider whether the matter should be heard by the Supreme Court or referred to a high court. He also asked both sides to clearly spell out the core legal issues they wished to raise.
"There are two aspects we want to ask both the sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue?" We are not saying there is any bar on SC in hearing, deciding pleas against the law," the CJI said.
Senior advocate Kapil Sibal , representing the petitioners, argued that the provision allowing only Muslims to create waqf was unconstitutional. "How can state decide whether, and how I am a Muslim or not and hence, eligible to create waqf?" Sibal asked.
He added, "How can government say only those who are practising Islam for last five years can create waqf?"
Senior advocate Abhishek Singhvi, also representing petitioners, said the Act had nationwide implications and should not be transferred to any high court. Senior advocate Huzefa Ahmadi added that "waqf by user" was a long-standing Islamic practice and could not be dismissed.
The Waqf (Amendment) Act, 2025, received presidential assent on April 5 after being passed in both houses of Parliament amid heated debates. In the Rajya Sabha, 128 members supported the bill while 95 opposed it. In the Lok Sabha, the bill was passed with 288 votes in favour and 232 against.
A total of 72 petitions have been filed challenging the Act, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.
The Centre has filed a caveat in the apex court seeking a hearing before any interim order is passed.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan raised several questions on the Act, particularly about the practice of " waqf by user ", where a property is considered waqf based on long-standing religious or charitable use, even without formal documentation.
"How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem," the bench said.
Appearing for the Centre, solicitor general Tushar Mehta said a large section of Muslims did not want to be governed by the Waqf Act . This led the bench to ask, "Are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards. Say it openly."
The court observed that properties declared waqf a century ago could not be arbitrarily reclassified. "Legislature cannot declare a judgment, order or decree as void. You can only take the basis," it noted.
Chief Justice Khanna said the court would consider whether the matter should be heard by the Supreme Court or referred to a high court. He also asked both sides to clearly spell out the core legal issues they wished to raise.
"There are two aspects we want to ask both the sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue?" We are not saying there is any bar on SC in hearing, deciding pleas against the law," the CJI said.
Senior advocate Kapil Sibal , representing the petitioners, argued that the provision allowing only Muslims to create waqf was unconstitutional. "How can state decide whether, and how I am a Muslim or not and hence, eligible to create waqf?" Sibal asked.
He added, "How can government say only those who are practising Islam for last five years can create waqf?"
Senior advocate Abhishek Singhvi, also representing petitioners, said the Act had nationwide implications and should not be transferred to any high court. Senior advocate Huzefa Ahmadi added that "waqf by user" was a long-standing Islamic practice and could not be dismissed.
The Waqf (Amendment) Act, 2025, received presidential assent on April 5 after being passed in both houses of Parliament amid heated debates. In the Rajya Sabha, 128 members supported the bill while 95 opposed it. In the Lok Sabha, the bill was passed with 288 votes in favour and 232 against.
A total of 72 petitions have been filed challenging the Act, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.
The Centre has filed a caveat in the apex court seeking a hearing before any interim order is passed.
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