SC told: Waqf law discriminates against Muslims, strikes at secular fabric

The Waqf (Amendment) Act, 2025 came under sharp scrutiny on Tuesday, as the Supreme Court was told that the law singles out the Muslim community, imposes discriminatory burdens on Islamic endowments, and strikes at the core of the secular constitutional framework.

- PARMOD KUMAR

A bench of Chief Justice BR Gavai and Justice Augustine George Masih heard detailed arguments by senior advocates Kapil Sibal, Rajeev Dhavan, Abhishek Manu Singhvi, CU Singh, and Huzefa Ahmadi for over four hours. They contended that the 2025 amendment violates Articles 15, 25, 26, and 29 of the Constitution, and that no parallel provisions exist in the endowment laws of other religions—such as the Tamil Nadu Hindu Religious and Charitable Endowments Act, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, or the Uttar Pradesh Shri Kashi Vishwanath Temple Act, 1983.

Opening the arguments, Kapil Sibal submitted that the amended Act allows the Central Government to indirectly pack the Central Waqf Council with non-Muslim members, thereby altering the character of these bodies meant to regulate Muslim religious properties. The State Waqf Boards are under the State governments.

"There would be only eight Muslim members, while the majority may be non-Muslims nominated by the government. Hindu, Sikh and Christian endowments are regulated by members of their respective faiths only. Why this difference?" Sibal asked.