The Supreme Court on Wednesday raised serious concerns over provisions in the Waqf (Amendment) Act, 2025 that allow for the inclusion of non-Muslim members in the Central Waqf Council and state waqf boards.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar, and Justice K V Viswanathan scrutinized the constitutional and religious implications of the amendment, questioning whether such inclusivity was appropriate in the context of religious institutional governance.
The court took strong exception to an analogy made by the Narendra Modi-led central government, which argued in favor of the provisions by comparing the inclusion of non-Muslims in waqf boards to a potential objection over Hindu judges hearing cases related to Muslim institutions.
"Are you suggesting that minorities, including Muslims, should also be included in boards managing Hindu religious institutions? Please state that openly," the CJI challenged, pushing back against the government’s reasoning.
Solicitor General Tushar Mehta, appearing for the Centre, defended the amendment. He clarified that the representation of non-Muslims in these bodies is limited and does not dilute their primarily Muslim character. Mehta further argued that rejecting non-Muslim participation could open a broader debate on judicial impartiality.
“If such objections are sustained, even this bench would be disqualified from hearing the matter,” Mehta told the court.
However, the Chief Justice firmly rebutted this line of argument. “No, sorry Mr. Mehta, we are not talking just about adjudication. When we sit here, we lose our religion. We are absolutely secular. For us, one side or the other is the same,” CJI Khanna emphasized.
The court’s observations have intensified the national conversation around the 2025 amendment, with broader implications for the governance of religious institutions and the balance between secular law and religious autonomy.
(This story is published from a syndicated feed)