Will Muslims be there on Hindu boards?: Supreme Court to Centre

While hearing a batch of petitions challenging the Waqf Amendment Act, the Supreme Court on Tuesday posed tough questions to the Centre regarding several provisions of the new law—particularly those related to 'Waqf by user' properties. The court also raised concerns about the clause that allows non-Muslims to be appointed to the Central Waqf Council and questioned the government on whether it would similarly permit Muslims to be part of Hindu endowment boards.

The bench, headed by Chief Justice Sanjiv Khanna and also comprising Justice Sanjay Kumar and Justice KV Vishwanathan, was hearing 73 petitions that have been filed against the new Waqf Act, which has triggered protests in various parts of the country.

At the start of the hearing, Chief Justice Khanna told the petitioners that two key questions needed to be considered: first, whether the Supreme Court should transfer the petitions to a high court; and second, what specific points the petitioners aim to raise.

Senior Advocate Kapil Sibal, representing one of the petitioners, argued that several provisions in the new law violate Article 26 of the Constitution, which guarantees the right to manage religious affairs. He also raised concerns about the authority granted to the Collector under the amended law, stating, "The Collector is a part of the government, and if he acts as a judge, it is unconstitutional."

Mr. Sibal further highlighted the issue of 'Waqf by user'—a provision under which a property is designated as Waqf if it has been used for religious or charitable purposes over time, even in the absence of formal documentation. He pointed out that the new law introduces an exemption, stating that this rule will not apply to properties that are under dispute or are classified as government land.