New Delhi, May 22 — The Central Government on Wednesday submitted before the Supreme Court that Waqf, though an Islamic concept, does not constitute an essential religious practice under Islam and is instead a charitable institution, comparable to forms of charity found in other religions.
The statement was made by Solicitor General Tushar Mehta, representing the Union Government, during the second day of hearings on a batch of petitions challenging the Waqf (Amendment) Act, 2025. The matter is being heard by a bench comprising Chief Justice of India D.Y. Chandrachud and Justice Augustine George Masih.
“Waqf is not an essential part of Islam,” argued Mehta. “It is an Islamic concept, but charity exists across all faiths. Hindus have a system of daan, Sikhs have seva. Waqf is nothing but charity in Islam.”
Centre Defends Legislative Competence on Waqf Reforms
The Solicitor General also defended the Union Government’s authority to amend or withdraw recognition of waqf properties, particularly those categorized under the controversial "waqf by user" clause. This provision allows properties to be declared waqf based solely on long-standing religious or charitable use, even without formal title or documentation.
“‘Waqf by user’ is not a fundamental right. It was a statutory right and, as the law stands, any right granted by statute can also be taken away by statute,” Mehta told the bench.
Citing a prior judgment of the apex court, he emphasized: “Nobody has a right over government land. If the government owns the land, and it has been declared waqf, the government is within its rights to reclaim that property.”
Inclusion of Non-Muslims in Waqf Boards Defended
Responding to objections over the appointment of non-Muslims to Waqf Boards, Mehta stated that such inclusion does not infringe on the religious character of waqf administration. “Waqf is purely secular in nature and does not touch upon any religious function,” he said.
He noted that the Waqf (Amendment) Act, 2025 allows for the appointment of up to two non-Muslim members to the board, a provision aimed at addressing concerns of non-Muslim communities who may be affected by waqf-related decisions.
“Even Waqf institutions have historically been administered by non-Muslim charity commissioners. For instance, under the Bombay and Gujarat Public Trust Acts, even temples—purely religious institutions—have been regulated by officials who could be Muslim. No prejudice arises from such appointments,” Mehta explained.
Legislative Background
The Waqf (Amendment) Act, 2025 was enacted following the approval of President Droupadi Murmu on April 5. The bill was passed in the Lok Sabha with the support of 288 members, while 232 MPs voted against it. In the Rajya Sabha, the legislation was passed with 128 votes in favour and 95 opposed.
On Tuesday, SG Mehta began his submissions defending the constitutional validity of the amended law, which has been contested by multiple petitioners claiming it infringes upon religious freedom and property rights.
The hearings are expected to continue in the coming days, with the Supreme Court closely examining both the constitutional and practical implications of the amended Waqf law.
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