New Delhi: The Union Government on Thursday defended provisions of the Waqf Act, 1995 before the Supreme Court, stating that the requirement of identifying as a Muslim for certain rights under the Act is aligned with Sharia principles. The submission was made during a hearing of a batch of petitions challenging the constitutional validity of specific sections of the law governing Waqf properties in India.
Appearing before a bench led by Chief Justice D.Y. Chandrachud, the government contended that Waqf institutions are religious endowments under Islamic law, and their administration and usage are inherently tied to the religious identity of the Muslim community. Hence, it argued, any provision requiring proof of one’s Muslim faith is both appropriate and in accordance with Islamic jurisprudence.
The Waqf Act provides for the administration of properties dedicated for religious or charitable purposes by Muslims. Petitioners have argued that several sections of the Act may violate fundamental rights under Articles 14, 15, and 25 of the Constitution, particularly in relation to equal treatment, religious freedom, and non-discrimination.
In response, Solicitor General Tushar Mehta submitted that Waqf properties are distinct from public or secular assets due to their religious nature. He noted that the management and ownership of such properties must follow the theological foundations upon which they were created.
“The Act recognises the special character of Waqf, which arises from Islamic tradition. Therefore, requiring a person to be Muslim to administer or benefit from Waqf properties is consistent with the religious principles that govern the institution,” the government told the bench.
The court is considering whether religious classification under the Waqf Act constitutes permissible differential treatment or amounts to unconstitutional discrimination. The petitioners have also raised concerns about the broad powers granted to Waqf Boards, alleging a lack of transparency and accountability in how Waqf assets are managed.
Legal experts say the case has broader implications, as it touches on the balance between religious rights and constitutional guarantees in a secular legal framework. Some argue that while religious institutions may operate under faith-based rules, their regulation by the state must still comply with constitutional norms.
The Supreme Court has asked the government to submit a detailed affidavit clarifying the legal rationale and historical context behind key provisions of the Act. The bench also indicated that it would examine previous rulings that upheld the autonomy of religious trusts and charitable institutions under Indian law.
Waqf properties in India comprise a large number of mosques, graveyards, schools, and other community assets. The total estimated value of these assets runs into several lakh crores, making their regulation a matter of considerable public interest.
The hearing will resume next month, and the Supreme Court is expected to issue further directions after reviewing the government’s submissions and counterarguments from the petitioners.
