New Delhi, May 22, 2025 — In a landmark submission before the Supreme Court, the Central Government has clarified its stance on waqf, stating that it is not an essential or integral part of Islam but rather a voluntary charitable act. The declaration came during the ongoing hearing on petitions challenging the constitutional validity of the Waqf Act, 1995.
Representing the Union Government, Solicitor General Tushar Mehta emphasized that waqf, while religiously inspired, does not form an obligatory practice of the Islamic faith. Instead, it is a charitable endowment rooted in social welfare, which can be regulated under secular legal frameworks.
What is Waqf?
Waqf refers to the permanent dedication of movable or immovable property for religious, pious, or charitable purposes under Islamic law. Once a property is declared waqf, it cannot be sold, transferred, or inherited, and its proceeds are typically used for maintaining mosques, madrasas, graveyards, and helping the underprivileged.
Key Argument: Essential Religious Practice Test
The Centre’s position hinges on the "essential religious practice" test, a legal doctrine developed by Indian courts to determine if a practice is integral to a religion and thus eligible for constitutional protection under Article 25 of the Indian Constitution. By arguing that waqf does not meet this criterion, the government seeks to assert its right to regulate waqf properties through secular statutes.
Legal Challenge to the Waqf Act
The petitions in question argue that the Waqf Act, 1995 creates an unequal and discriminatory legal framework by granting special status to waqf properties while no such centralized law exists for properties belonging to other faiths. Critics argue that the law violates the principle of secularism enshrined in the Constitution and creates administrative and legal imbalances.
The Centre's statement is seen as a response to these concerns, aimed at reinforcing the idea that state regulation of waqf does not infringe upon religious freedom because waqf is not a compulsory religious act.
Implications of the Supreme Court Hearing
This case has garnered national attention as it touches upon key constitutional principles like secularism, equality before law, and the scope of religious freedom. If the Supreme Court accepts the Centre’s argument, it could lead to a broader review of how religious endowments are governed in India, potentially impacting similar legal structures in other communities.
The bench, led by Chief Justice D.Y. Chandrachud, is expected to examine whether the Waqf Act aligns with constitutional values and whether the management of waqf properties by state bodies like the Central Waqf Council stands the test of legality and fairness.
Public and Political Reactions
The Centre’s declaration has sparked mixed reactions across the political spectrum. Supporters of the move view it as a step towards ensuring uniformity and transparency in religious endowment management. Critics, however, see it as an attempt to dilute the autonomy of Islamic institutions and fear possible communal polarization.
As the hearing continues, the Supreme Court’s verdict is expected to set a significant precedent in the intersection of religion, law, and governance in India.
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