Centre Urges SC to Limit Waqf Act Hearing to Three Key Issues

The Central government on Tuesday (May 20) urged the Supreme Court to restrict its ongoing hearing on pleas challenging the constitutional validity of the Waqf (Amendment) Act to only three identified issues. The appeal was made by Solicitor General Tushar Mehta before a bench comprising Chief Justice BR Gavai and Justice Augustine George Masih.

Mehta pointed out that while the court had initially earmarked three core concerns for deliberation, the petitioners had submitted arguments extending beyond the original scope. “The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues,” he said, requesting the bench to limit the current stage of hearing to only the originally framed issues.

Also Read: CJI Gavai’s Key Observation on Waqf Petitions: ‘Unless It’s a Strong Case, Courts Won’t Intervene’

The Three Issues Identified

The three primary issues raised in the pleas and acknowledged by the court include:

1. Power of Denotification: The first issue pertains to the waqf boards’ power to denotify properties already declared as “waqf by courts, waqf-by-user, or waqf by deed.” The petitioners argue that this power lacks checks and violates property rights.
2. Board Composition: The second issue challenges the composition of the state waqf boards and the Central Waqf Council. Petitioners claim that only Muslims, excluding ex-officio members, are allowed to operate these bodies, raising questions about inclusivity and constitutional validity.
3. Collector Inquiry Provision: The third issue concerns a provision that prevents a property from being treated as waqf if a district collector, after an inquiry, finds it to be government land. Critics argue this clause dilutes the protection of genuine waqf assets.

Centre Opposes Interim Order on Denotification

The Supreme Court had earlier indicated a willingness to pass an interim order barring the denotification of waqf properties. However, the Centre opposed such a move, citing the need for a full hearing. Notably, last month, the government informed the court that it would refrain from denotifying any waqf properties, including those established “by user,” and would not make any appointments to the central or state waqf boards until May 5.

Background: Waqf Act Under Fire

The amendments to the Waqf Act passed earlier this year have drawn criticism from several opposition leaders and Muslim organisations. They argue that the changes weaken waqf protections and concentrate excessive powers in the hands of the boards and the executive.

With the case continuing in the Supreme Court, the debate over religious trust governance, land rights, and minority autonomy remains a contentious legal and political battleground.