A three-judge bench of the Supreme Court, led by Chief Justice Sanjiv Khanna and including Justices Sanjay Kumar and KV Viswanathan, heard several petitions that have challenged the constitutional validity of the Waqf (Amendment) Act, 2025.
During the hearing, the Supreme Court clarified that Article 26 of the Constitution does not prevent the government from making laws like the Waqf Act. Chief Justice Khanna said, “Article 26 is universal, and it is secular in the fashion that it applies to all.”
This was in response to arguments made by senior advocate Kapil Sibal, who appeared for the petitioners. He said that many provisions of the Waqf Act go against Article 26, which protects the right of religious groups to manage their religious affairs. Sibal said, “Let me broadly address what the challenge is about. Through parliamentary legislation, what is sought to be done is to intervene in an essential and integral part of a faith. I refer to Article 26, and many provisions of the Act violate Article 26.”
Sibal also explained his concern with how Waqf property is defined. He said, “Please see the definition of Waqf, which means the permanent dedication by any person showing or demonstrating that he has been practising Islam for the last five years of any movable or immovable property, provided it does not have any contrivance. That’s why if I want to create a Waqf, I have to show that I have been practising Islam for the last five years, and how should the state decide whether and how I am a Muslim or not? What is the contrivance here?”
He also argued that “The inheritance in Islam happens after death; they are interfering before that.” But CJI Khanna replied, “But in Hindus, it does happen. So the Parliament has enacted a law for Muslims. Article 26 will not bar the enactment of the law in this case.”
On a different point, advocate AM Singhvi said, “Four out of eight lakhs are Waqf by user,” but the CJI responded, “Sorry, we don’t mean to interrupt. We are told the Delhi High Court is built on Waqf land. We are not saying all Waqf by user is mistaken, but there is genuine concern.”
The CJI also said, “All ancient monuments, including the Jama Masjid, will remain protected.”
You might also be interested in: Justice BR Gavai to take oath as next Chief Justice of India on May 14
