'Will Muslims run Hindu boards too?': SC grills Centre amid Waqf Act misgivings

Supreme Court questioned the Centre on controversial provisions in the amended Waqf Act, especially 'Waqf by user' and inclusion of non-Muslims on Waqf boards, warning against undermining court verdicts and religious autonomy. 

In a hearing with potentially far-reaching implications for minority rights and constitutional law, the Supreme Court on Wednesday put the Centre on the defensive over the contentious Waqf Amendment Act, 2025. The court was hearing 73 petitions challenging the Act, which has triggered protests across several states.

The three-judge bench—led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Vishwanathan—raised sharp questions on provisions relating to 'Waqf by user' and the inclusion of non-Muslims in the Central Waqf Council, calling some parts of the law legally and communally fraught, reported Bar and Bench.

‘Waqf by user’ under fire: “They will ask for a deed from 3,000 years ago”

Senior advocate Kapil Sibal, arguing for one of the petitioners, said the amended law infringes on Article 26 of the Constitution, which protects the right to manage religious affairs. He particularly criticized the power now vested in the Collector, calling it “unconstitutional” if the official is allowed to act as judge and executive.

The court focused heavily on ‘Waqf by user’—a concept under Islamic law that allows properties to be declared Waqf based on long-standing religious use, even without written records. The amended Act adds a controversial carveout: such designation won't apply to disputed or government land.

Sibal pushed back hard: “If a Waqf was created 3,000 years ago, they will ask for the deed. But this concept is integral to Islam.” He warned the new law would undermine genuine religious claims that cannot rely on written documents alone.

“Delhi High Court built on Waqf land”: SC warns against erasing historical continuity

Senior advocate Abhishek Manu Singhvi supported Sibal’s arguments, revealing that 4 lakh out of India’s 8 lakh Waqf properties fall under the 'by user' category. The Chief Justice made a striking observation: “We are told the Delhi High Court is built on Waqf land… We are not saying all ‘Waqf by user’ is wrong, but there is a genuine concern.”

The court warned that overturning court-declared Waqf properties could violate judicial independence and historical precedent. “The legislature cannot declare a court’s judgment would not be binding,” said Chief Justice Khanna. “Yes, there is some misuse. But there are genuine Waqfs too.”

Inclusion of non-Muslims: “Would you allow Muslims on Hindu boards?”

The court then zeroed in on a provision in the new law allowing non-Muslims to be part of the Central Waqf Council. This prompted one of the hearing’s most provocative moments. Chief Justice Khanna asked Solicitor General Tushar Mehta pointedly:

“Are you saying you will allow Muslims to be part of Hindu endowment boards? Say it openly.”

The rhetorical challenge underscored what the court saw as a potential double standard in how the government approaches religious trusts.

Centre defends Act, SC disturbed by violence

Appearing for the Centre, Mehta defended the legislation, saying it was passed after detailed parliamentary debates and scrutiny by a Joint Parliamentary Committee. Responding to reports of public unrest, Mehta said, “They think they can pressurise the system.”

To this, Sibal replied: “It is not known who is pressuring.” The Chief Justice called the ongoing violence and protests “very disturbing”, while also urging that the positive elements of the law be acknowledged where due.

Next hearing on Thursday as case turns into national flashpoint

The matter has been adjourned and will resume tomorrow. But it’s clear that the case is shaping up to be a defining legal battle over secularism, minority rights, and the constitutional limits of legislative power. As the Supreme Court balances history, law, and faith, its rulings may reshape how Muslim religious properties are governed for decades to come.