Nothing arbitrary if Govt appoints non-Muslims to Waqf Boards: Centre to SC

Prime Minister Narendra Modi-led Union government has told the Supreme Court of India that there is nothing arbitrary if the competent Legislature permits non-Muslims to participate in the effective administration of Waqfs.

The government has filed its preliminary affidavit in the Supreme Court and seeks dismissal of petitions challenging the constitutional validity of Waqf (Amendment) Act, 2025.

“Centre tells Supreme Court of India that since Muslims are located the world over and in the present economic world scenario where there is evolution even in waqf systems across the world, there is nothing arbitrary if the competent Legislature permits non-Muslims to participate for effective administration of waqfs,” legal news website Bar and Bench reported.

The SC granted the Centre a week's time on April 17 to file a response to the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The Centre has also opposed stay on any provisions of the Act saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally, according to news agency ANI.

Centre says taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf, the agency said.

The Centre also assured the court in the April 17 hearing that no appointments will be made to the Waqf Council or Waqf Board until then, and no non-Muslims will be included in the Central Waqf Council and Waqf Boards until the next hearing.

It assured the court that until then, waqf, including waqf-by-user, will neither be denotified nor its character changed.

The affidavit, as reported by news agency ANI, says that a ‘deliberate, purposeful and intentionally misleading narrative’ is built very mischievously giving an impression that those Waqfs (including ‘Waqf-by-user’) which do not have document to support their claims will be affected.

“This is not only untrue and false but purposefully and deliberately misleading this court,” Centre said.

The concept of ‘Waqf-by-user’ refers to a practice where a property is recognised as Waqf based on its long-term, uninterrupted use for such purposes, even if there isn't a formal registration.

The top court resumed hearing a batch of petitions challenging the constitutional validity of the new law. A bench of Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan stopped short of passing the interim order on April 16.

For being protected as ‘Waqf-by-user’ under proviso to Section 3(1)(r), no trust, deed or any documentary proof has been insisted upon in the amendment or even prior thereto, says the Centre.

The Supreme Court has fixed the next hearing in the case for a week commencing on May 5, when the responses of the Centre, states, and petitioners opposing the Act will be filed.

Earlier this month, the Waqf (Amendment) Act, 2025, came into force, which was challenged by a batch of petitions. The Lok Sabha and the Rajya Sabha passed the bill during the recently concluded Budget Session of Parliament.

President Droupadi Murmu gave her assent to the proposed law on April 5.

(With agency inputs)