Gulistan News TV Desk
New Delhi, April 16: The Supreme Court of India today continued its hearing on a series of petitions challenging the Waqf (Amendment) Act 2025, with intense legal arguments unfolding around constitutional rights, religious autonomy, and the state’s role in religious administration.
The three-judge bench comprising Chief Justice of India Sanjeev Khanna, and Justices Sanjay Kumar and K.V. Viswanathan is hearing the batch of petitions questioning the inclusion of non-Muslims in the Waqf Council, the powers of the Central Waqf Board, and issues around the religious nature of Waqf endowments.
🔹 CJI Khanna’s Remark on Delhi High Court’s Land
In a striking observation, CJI Khanna shared an anecdote, stating:
“When we were in Delhi High Court, we were told that the High Court itself is built on Waqf property.”
The remark triggered reactions in the courtroom and added a layer of historical context to the matter.
🔹 Kapil Sibal’s Strong Objection: ‘Violation of Article 26’
Appearing for the petitioners, Senior Advocate Kapil Sibal strongly criticized the Act, particularly the provision allowing non-Muslims in the Waqf Council:
“This is a direct violation of Article 26. The law is a parliamentary usurpation of the faith of 200 million individuals of this country,” Sibal argued.
He added that under the Unified Waqf Management Act, the definition of a Waqf now includes a requirement of showing that one has practiced Islam for five years before dedicating property—raising concerns over the state’s role in identifying one’s faith.
🔹 CJI Counters Sibal’s Inheritance Argument
Sibal also questioned the State’s authority in determining inheritance and religious law:
“Who is the State to tell us how inheritance will be in my religion?”
To this, CJI Khanna responded,
“But in Hinduism, it does happen. So Parliament has enacted laws for Muslims too. Article 26 is universal and secular in nature—it applies to all.”
🔹 Key Arguments Raised in Court
Sibal: “Please see Section 3R of the Act. How can the state decide if someone is a Muslim?”
Sibal: “This challenge involves an issue essential to a particular faith.”
CJI: “Petitioners must first address whether this case should be decided here or by High Courts.”
🔹 Why This Case Matters
The Waqf Amendment Act 2025 is facing widespread scrutiny for allegedly infringing upon religious freedom, especially the autonomy of Muslim institutions. Critics argue that by including non-Muslims in the Waqf Council and expanding central powers, the law undermines the spirit of Articles 25 and 26 of the Constitution.
The outcome of this case could significantly reshape how religious trusts are governed in India and redefine the boundaries between state legislation and religious practice.
