Centre defends Amendments to Waqf Law in SC, says Waqf Is charitable, not religious mandate

During a Supreme Court hearing on challenges to the Waqf Act, the Centre asserted that the concept of waqf, though rooted in Islam, does not constitute an essential religious practice. Representing the government, Solicitor General Tushar Mehta emphasized that waqf is essentially a charitable act, similar to practices in other religions, and that waqf boards function in a secular capacity, unlike temple administration, which is purely religious in nature.

Also Read:SC to hear interim relief pleas on Waqf Act amendments on May 20

Mehta also justified the government’s authority to reclaim waqf properties, especially those declared under the now-discarded 'waqf-by-user' rule. This principle allowed properties to be classified as waqf solely based on long-standing religious or charitable use, even in the absence of official documentation. The Solicitor General clarified that this provision is no longer valid under the amended law, with limited exceptions. He insisted that no one, including religious groups, can assert ownership over government land.

Highlighting the comprehensive process behind the new amendments, the Centre claimed that the changes addressed longstanding issues dating back to British rule. Mehta stated that these reforms followed widespread consultation, including feedback from over 9.6 million individuals and deliberations across 36 Joint Parliamentary Committee sessions. The Centre argued that a few petitioners could not speak for the entire Muslim community.

Meanwhile, the Supreme Court noted that any law passed by Parliament is presumed constitutional unless proven otherwise. Chief Justice BR Gavai stressed that only a clearly evident legal issue could justify interim relief.

The Centre asked the Court to restrict the hearings to three main topics: the legality of the 'waqf-by-user' principle, the appointment of non-Muslims to waqf bodies, and the classification of government land as waqf.