SC Questions Centre on Muslim Role in Hindu Trusts Amid Waqf Case

The Supreme Court on Wednesday posed a key question to the Centre on whether Muslims would be allowed participation in Hindu religious trusts, while reviewing challenges to the Waqf (Amendment) Act, 2025.

A three-judge bench led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and K V Viswanathan heard multiple petitions contesting the constitutional validity of the amended legislation. The court focused on the clause concerning "waqf by user," which treats property as waqf if used for religious or charitable purposes over time, even without documentary evidence.

The bench asked how such waqf declarations would be substantiated without formal records. "If you undo waqf by user, it may lead to complications. There are instances of misuse, but also legitimate waqfs. The concept is recognised in legal precedent," the court said.

Solicitor General Tushar Mehta, appearing for the Centre, submitted that many within the Muslim community were not in favor of being governed by the Waqf Act. This prompted the bench to inquire whether Muslims would now be allowed on Hindu endowment boards.

"Say it clearly if the government is open to allowing Muslim participation in Hindu trusts," the bench asked.

The court further cautioned that properties designated as waqf decades ago should not be subject to arbitrary reclassification. It stressed that legislative powers do not extend to invalidating judicial verdicts outright. "Only the rationale behind the verdict may be addressed by the law," the bench noted.

Chief Justice Khanna suggested evaluating whether the matter should continue in the apex court or be transferred to a high court. He asked parties to define the primary legal questions they wished to raise. "There are two points for clarification — should the Supreme Court hear this or assign it to a high court, and what are the central issues each side aims to present?" he said.

Representing the petitioners, senior advocate Kapil Sibal challenged the legality of limiting waqf creation to Muslims. He questioned the state's role in determining an individual's religious identity and eligibility. "How can the state decide if I qualify as a Muslim and thus eligible to create waqf?" Sibal argued.

He also objected to the stipulation that only those practicing Islam for the last five years can establish waqf properties. Senior advocate Abhishek Manu Singhvi, also for the petitioners, argued against transferring the matter to a high court, citing nationwide impact.

Advocate Huzefa Ahmadi underscored the historical and religious relevance of "waqf by user," stating it was an entrenched practice that should not be discarded.

The Waqf (Amendment) Act, 2025, received the President's approval on April 5 after passage in both houses of Parliament. In the Rajya Sabha, 128 members supported the bill, while 95 opposed it. The Lok Sabha cleared the bill with 288 votes in favor and 232 against.

So far, 72 petitions have been submitted against the Act. Petitioners include AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board, Jamiat Ulama-i-Hind, DMK, and Congress members Imran Pratapgarhi and Mohammad Jawed.

The Centre has filed a caveat to ensure it is heard before any interim relief is granted by the court.