The Supreme Court on Wednesday heard arguments of the Central government opposing any interim stay on the Wakf Amendment Act 2025 for over three hours.
During the arguments, the Centre told the Supreme Court today that Waqf is an Islamic concept, but it is not an essential part of Islam.
A bench comprising Chief Justice of India B R Gavai and Justice Augustine George Masih heard the arguments.
Waqf Amendment Act Hearings | Top Points
The central government, which was represented by Solicitor General Tushar Mehta, started by saying that the Amendment Act was passed after detailed deliberations by the Joint Parliament Committee, which took the views of various stakeholders across the country.
The Centre told the Supreme Court today, while defending the Waqf Amendment Act, that Waqf is an Islamic concept, but it is not an essential part of Islam. "Waqf is an Islamic concept, no doubt about it, but it is not an essential part of Islam. Waqf is not a fundamental right," Solicitor General Tushar Mehta said.
He said the government is the custodian of the property of 140 crore citizens and it is the duty of the state to ensure that public property is not misused illegally."A false narrative is created that they will have to provide documents, or Waqf is captured en masse."
SG Mehta noted that waqf can be a mosque or a dargah - but it can also be a school, orphanage etc. There are several secular charitable institutions that could constitute a waqf, he submits. Law can therefore allow for participation of a minority of non-Muslims also since waqf property could be for non-Muslims also, he added.
Solicitor General Tushar Mehta has clarified that Waqf by user is not a fundamental right. "Waqf by user was introduced in 1954 Act. It is taken by another legislative policy to prevent mischief, "Mehta said.
Chief Justice BR Gavai said, "The picture that is being painted is that once the Collector conducts an inquiry, the property will cease to be a Waqf property and once the inquiry is complete, the entire property will be taken over by the government."
The Centre had urged the bench to confine the hearing on pleas to three issues including - the power to denotify properties declared as waqf by courts, waqf by user or waqf by deed; the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members; a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
