Waqf councils perform secular functions; inclusion of non-Muslims permissible

The central government on Wednesday defended the inclusion of non-Muslims in waqf councils and waqf boards, telling the Supreme Court that, unlike Hindu religious endowments, waqf bodies primarily perform administrative and secular functions.

- PARMOD KUMAR

Therefore, their composition can include members from other faith.

Solicitor General Tushar Mehta, appearing for the Union Government, told a Bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih that while waqf is rooted in Islamic tradition, it does not constitute an essential religious practice under Islam, and thus its governance structures are open to broader representation.

"Waqf is an Islamic concept. But it is not an essential part of Islam. Unless that is demonstrated, other arguments fail... The functions of waqf boards—management of waqf properties, accounting, audit—are purely secular," Mehta told the court.

The matter is being heard solely for interim relief, while substantive challenges to the constitutional validity of the 2025 amendment will be taken up for a detailed hearing later.