Waqf Act hearing: 5 sharp questions that CJI, Supreme Court asked

India’s top court Wednesday (April 16) heard dozens of pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025. While the government of India, led by Prime Minister Narendra Modi, argues the act is meant to better regulate and manage Waqf properties, opposition parties say it targets fundamental rights of Muslims. All India Majlis-e-Ittehadul Muslimeen Chief Asaduddin Owaisi in his plea said the law “brazenly violates the fundamental rights of Muslims and the Muslim community”.

A Supreme Court bench headed by Chief Justice of India (CJI) Sanjiv Khanna and also comprising Justices Sanjay Kumar and KV Viswanathan heard the pleas on Wednesday, which saw intense debate between Solicitor General Tushar Mehta and senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan, and CU Singh, who were representing the petitioners.

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Here are the questions that the Supreme Court and the CJI asked during the hearing.

### **Will the government allow Muslims to be part of Hindu religious trusts?**

The Waqf (Amendment) Act allows non-Muslims to be a part of Waqf board. Reacting to this, the Supreme Court asked whether the government was ready to allow non-Hindus in the bodies governing Hindu temples.

“Mr. Mehta, are you saying that from now on, you will allow Muslims to be part of the Hindu endowment boards? Say it openly," the court asked addressing the solicitor general.

The court further added that “regarding Waqf boards and Waqf Council, ex officio members can be appointed, but the other members have to be Muslims."

### **Inheritance**

Senior advocate Kapil Sibal, representing the petitioners, started off by reading the contested sections of the new law. “Who is the State,” he asked, “to decide how inheritance should work in my religion?” According to him, Islamic law says inheritance begins after death — not before.

Responding to this, the CJI said, “But in Hindus it does happen… so Parliament has enacted a law for Muslims. Maybe it’s not like the law for Hindus. Article 26 will not bar the enactment of the law in this case. Article 26 is universal — and it is secular in the fashion that it applies to all.”

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### **What ‘dispute’ would mean?**

The Chief Justice of India also sought clarity on the condition that the property must not be ‘in dispute’.

Before the Britishers came, we did not have any registration. Many of the masjids are created in 14th or 15th centuries. To require them to produce a registered deed is impossible. Most of the cases, say Jama Masjid Delhi, the waqf will be waqf-by-user," CJI said.

### **Waqf-by-user**

As arguments continued, the CJI pointed to the provision on disputes with the government and questioned why the property shouldn’t be treated as waqf until the dispute is resolved. “Why will it not remain a waqf property? Let the civil court decide that,” CJI said. “Mr Tushar Mehta, tell us. Waqf-by-user, if accepted prior to 2025 Act, is it now declared to be void or non-existent?” CJI asked.

‘Waqf by user’ refers to a property being treated as a religious or charitable endowment simply because it’s been used that way for a long time — even if the owner never officially declared it as waqf in writing.

### **Concern over random properties being declared as ‘waqf’**

During Wednesday’s arguments, CJI Khanna raised eyebrows over how certain properties ended up being classified as Waqf.

“We have been told the Delhi high court building is on Waqf land, Oberoi Hotel is on Waqf land… We are not saying all Waqf-by-user properties are wrongly registered, but there are some genuine areas of concern too,” Justice Sanjiv Khanna observed.