Centre's reply in Supreme Court on Waqf Board: Comparison with Hindu institutions is wrong, only 2 non-Muslims will be members

New Delhi, The Central Government has filed its reply in the Supreme Court on the petitions filed against the Waqf (Amendment) Act 2025, saying that it is wrong to compare the Waqf Board with Hindu religious institutions. The government clarified that there will be a maximum of two non-Muslim members among the 22 members of the Waqf Council and Board, which does not violate religious freedom or constitutional rights. This answer was given in response to questions raised on provisions such as inclusion of non-Muslim members in the Waqf Board and bringing transparency in property disputes.

Centre's affidavit: Nature of Waqf Board is different

The Central Government said in an affidavit filed in the Supreme Court that the Waqf Board is an administrative body, which is created to manage religious properties, and not a purely religious institution. The government argued that Hindu religious trusts, such as Tirumala Tirupati Devasthanam, are formed solely for religious purposes, while the work of the Waqf Board is property management and social welfare. Therefore, the comparison is baseless. The government said that the appointment of non-Muslim members would make the work of the board more inclusive and transparent.

Clarity on the number of non-Muslim members

During the Supreme Court hearing, Chief Justice Sanjiv Khanna had questioned the Center whether Muslim members could be included in a Hindu religious trust. In response, Solicitor General Tushar Mehta said that the Waqf Council would have only two non-Muslim members, who would be included for expertise and monitoring. He also clarified that the religious character of the board would not be affected, as most of the members would be Muslims.

Claim of transparency in property diconcerns

The Center said in the affidavit that the purpose of the Waqf Amendment Act is to resolve property disputes and prevent government land from being wrongly marked as Waqf property. The government said that sometimes government land is intentionally or mistakenly registered as Waqf property, to correct which the collector has been given the right to survey. This provision is in line with constitutional principles and does not violate the rights of any religious community.

Supreme Court's concerns

During the hearing, the Supreme Court raised questions on the provision of including non-Muslim members in the Waqf Board. The court asked that if there can be non-Muslims in the Waqf Board, is it possible in a Hindu Trust as well? The court also expressed concern over the registration of 'Waqf by User' properties, especially for old mosques which do not have documents. The court has sought a clear answer from the government on this.

Opposition of Muslim organizations

The All India Muslim Personal Law Board and other Muslim organizations have opposed the Waqf Amendment Act. They argue that the inclusion of non-Muslim members violates Article 26 of the Constitution, which gives religious communities the right to manage their affairs. Senior advocate Kapil Sibal told the court that this provision undermines the religious character of the Waqf Board.

Assurance of the Center

The Center assured the court that till the next hearing (May 5, 2025), 'Waqf by User' or 'Waqf by Deed' properties will not be denotified. Also, there will be no new appointment in the Waqf Board or Council. The government also said that the Joint Parliamentary Committee (JPC) had held extensive discussions before making the law, which is for the betterment of the Muslim society.

Conclusion

The ongoing debate in the Supreme Court on the Waqf Amendment Act has brought issues like religious freedom, property management and inclusiveness to the center. The central government claims that this law will promote transparency and accountability, while opponents are calling it an attack on religious rights. The final decision of the court can set a new guideline in this matter.