What Waqf JPC Chief Mentioned On Supreme Courts Query About Non-Muslims As Waqf Member, Waqf By Consumer Clause
Waqf Modification Act: The Supreme Court docket has taken up the petitions difficult the Waqf Modification Act 2025 and through yesterday’s listening to, it raised critical questions for either side – the federal government and the petitioners. Whereas the highest courtroom raised questions concerning the Waqf’s declare on Delhi Excessive Court docket’s land, it additionally questioned the Act’s provision permitting non-Muslims to turn into members of the Waqf board.
Reacting to the SC’s observations about non-Muslims as Waqf board member, Jagdambika Pal, Chairman of the JPC of the Waqf (Modification) Invoice and BJP MP, stated that the apex courtroom has already given sure verdicts associated to the board.
“It is a legitimate query. However the factor is that the Supreme Court docket is asking this query as we speak whereas such orders have been handed prior to now. Supreme Court docket stated that the Waqf Board shouldn’t be a non secular physique however a authorized one which takes care of the Waqf properties. Equally, in one other order, it was stated that Waqf is a statutory and administrative physique and never a non secular one. Therefore, it is not an interference in spiritual issues, and whether it is an administrative physique, it is utterly tremendous to have each Muslim and non-Muslim members in it,” he stated.
Yesterday, the Supreme Court docket heard pleas in opposition to the Centre’s Waqf (Modification) Act 2025 and stated that if Waqf-by-user properties are denotified, it is going to be a difficulty.
Reacting to the ‘waqf by consumer’ comment of the SC, Jagdambika Pal stated, “…On this Modification regulation introduced by the federal government, it has been clearly talked about that it is not a retrospective one – it implies that some mosques and Imambara graveyards… which haven’t any deeds, will proceed to be Waqf properties. Nevertheless, the regulation proposed that in future, the deed be obligatory for the Waqf properties…Waqf-by-user has been ended for the longer term.”
The SC will proceed the listening to as we speak from 2pm onwards with the Centre anticipated to oppose the anticipated interim order. The highest courtroom is contemplating an interim keep on three provisions of the Waqf Modification Act.
The judges stated that any property already declared as Waqf by a consumer or by a courtroom received’t be notified once more. They added that the Collector can proceed with the method, however the rule will not apply on this case. Lastly, whereas ex-officio members will be from any faith, all different members have to be Muslims.
