India’s Supreme Court has raised significant questions over the exclusive Muslim representation in Waqf Boards and asked whether Hindus would allow Muslims on their religious trusts, stirring a broader debate on religious parity and secularism in governance.
During a hearing on the Waqf Act on Wednesday, the Supreme Court expressed concern over the composition of Waqf Boards and the Central Waqf Council, where all members are mandated to be Muslims, except for ex-officio representatives. Chief Justice Sanjiv Khanna sharply questioned the rationale behind such exclusivity and whether reciprocal representation would be accepted in Hindu religious bodies.
“Would Hindus permit Muslims in their religious trusts?” the Chief Justice asked the Solicitor General Tushar Mehta during an intense exchange. “We lose our religion when we sit on this bench. Everyone is equal before us,” he added, underscoring the court’s secular responsibility.
The court also emphasized that properties already declared as Waqf by judicial verdict cannot be altered until further legal clarification is provided. It noted that during ongoing investigations, properties cannot be automatically treated as Waqf based on district magistrate orders.
Section 26 of the Waqf Act, which speaks of secular governance, was cited as relevant to all communities, not just one. The bench was expected to deliver a ruling but postponed the decision after the Solicitor General requested one more day to present the government’s arguments.
The matter is set to resume on Thursday, with the court reiterating that no Waqf-designated property should be modified until the constitutional validity of the amended Waqf Act is fully examined.
This hearing comes amid increasing scrutiny of the Waqf Board’s sweeping powers and its role in property administration, reigniting debates over religious autonomy and state neutrality in India’s pluralistic society.
LND/BG
