Waqf Act listening to: 5 sharp questions that CJI, Supreme Courtroom requested

India’s prime court docket Wednesday (April 16) heard dozens of pleas difficult the constitutional validity of the Waqf (Modification) Act, 2025. Whereas the federal government of India, led by Prime Minister Narendra Modi, argues the act is supposed to higher regulate and handle Waqf properties, opposition events say it targets basic rights of Muslims. All India Majlis-e-Ittehadul Muslimeen Chief Asaduddin Owaisi in his plea mentioned the legislation “openly violates the basic rights of Muslims and the Muslim neighborhood”.

A Supreme Courtroom bench headed by Chief Justice of India (CJI) Sanjiv Khanna and likewise comprising Justices Sanjay Kumar and KV Viswanathan heard the pleas on Wednesday, which noticed intense debate between Solicitor Normal Tushar Mehta and senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan, and CU Singh, who have been representing the petitioners.

Listed below are the questions that the Supreme Courtroom and the CJI requested through the listening to.

### **Will the federal government enable Muslims to be a part of Hindu spiritual trusts?**

The Waqf (Modification) Act permits non-Muslims to be part of Waqf board. Reacting to this, the Supreme Courtroom requested whether or not the federal government was prepared to permit non-Hindus within the our bodies governing Hindu temples.

“Mr. Mehta, are you saying that any further, you’ll enable Muslims to be a part of the Hindu endowment boards? Say it overtly,” the court docket requested addressing the solicitor basic.

The court docket additional added that “relating to Waqf boards and Waqf Council, ex officio members may be appointed, however the different members must be Muslims.”

### **Inheritance**

Senior advocate Kapil Sibal, representing the petitioners, began off by studying the contested sections of the brand new legislation. “Who’s the State,” he requested, “to resolve how inheritance ought to work in my faith?” In response to him, Islamic legislation says inheritance begins after dying — not earlier than.

Responding to this, the CJI mentioned, “However in Hindus it does occur… so Parliament has enacted a legislation for Muslims. Perhaps it’s not just like the legislation for Hindus. Article 26 is not going to bar the enactment of the legislation on this case. Article 26 is common — and it’s secular within the style that it applies to all.”

### **What ‘dispute’ would imply?**

The Chief Justice of India additionally sought readability on the situation that the property should not be ‘in dispute’.

Earlier than the Britishers got here, we didn’t have any registration. Most of the masjids are created in 14th or fifteenth centuries. To require them to provide a registered deed is inconceivable. Many of the circumstances, say Jama Masjid Delhi, the waqf will likely be waqf-by-user,” CJI mentioned.

### **Waqf-by-user**

As arguments continued, the CJI pointed to the availability on disputes with the federal government and questioned why the property shouldn’t be handled as waqf till the dispute is resolved. “Why will it not stay a waqf property? Let the civil court docket resolve that,” CJI mentioned. “Mr Tushar Mehta, inform us. Waqf-by-user, if accepted previous to 2025 Act, is it now declared to be void or non-existent?” CJI requested.

‘Waqf by consumer’ refers to a property being handled as a non secular or charitable endowment just because it’s been used that manner for a very long time — even when the proprietor by no means formally declared it as waqf in writing.

### **Concern over random properties being declared as ‘waqf’**

Throughout Wednesday’s arguments, CJI Khanna raised eyebrows over how sure properties ended up being labeled as Waqf.

“We’ve got been advised the Delhi excessive court docket constructing is on Waqf land, Oberoi Resort is on Waqf land… We’re not saying all Waqf-by-user properties are wrongly registered, however there are some real areas of concern too,” Justice Sanjiv Khanna noticed.