NEW DELHI, May 21: The Centre on Wednesday told the Supreme Court that waqf is not an essential religious practice of Islam and that waqf boards discharge secular functions, defending recent amendments allowing non-Muslims to be nominated to these boards.
“Waqf is an Islamic concept, but it is not an essential part of Islam… It is just charity in Islam, as is found in other religions too,” Solicitor General Tushar Mehta argued before a Bench comprising Chief Justice of India DY Chandrachud and Justice AG Masih.
He stressed that the core functions of waqf boards — such as management of waqf properties and auditing accounts — are secular and administrative, not religious. “Waqf board is not touching upon any religious activity,” Mehta said, adding that the inclusion of up to two non-Muslim members does not alter the character of the boards.
Addressing the controversial concept of ‘waqf by user’, Mehta said it had no constitutional sanctity, calling it a “creature of statute”. He emphasized that nobody can claim government land as waqf based merely on long-term use. “What the legislature creates, it can also take away,” he said.
The court is hearing petitions challenging the Waqf (Amendment) Act, 2025. Petitioners, represented by senior advocate Kapil Sibal, have argued that the amended provisions, including the nullification of the principle ‘once a waqf, always a waqf’, cause irreparable harm to religious rights.
Earlier, the Centre assured the court it would not make new appointments or de-notify waqf properties under the amended law until interim orders were passed.
The Bench has identified three core issues for interim consideration:
- Abolition of ‘waqf by user’,
- Nomination of non-Muslims to Waqf Boards, and
- Identification of government land as waqf property.
Arguments will continue on Thursday.
