Centre to Supreme Court: Waqf is Charity, Not an Essential Part of Islam
New Delhi, May 21 — In a significant submission before the Supreme Court, the Centre on Wednesday stated that waqf is not an essential part of Islam, but simply a form of charity. Arguing that waqf boards perform only secular functions, the government defended the inclusion of non-Muslim members in waqf councils and boards.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Chief Justice BR Gavai and Justice Augustine George Masih that waqf is a religious concept, but not a religious obligation under Islamic law. "Waqf is an Islamic concept. But it is not an essential part of Islam… Waqf is nothing but charity. And charity exists in every religion," he said, drawing comparisons with daan in Hinduism, Christian giving, and Sikh community services.
'Waqf Boards Are Secular in Nature'
Highlighting the nature of waqf boards’ duties, SG Mehta argued that they perform administrative functions like managing properties, maintaining records, and ensuring audits—none of which are religious in nature.
“The Waqf Board is not touching upon any religious activity of any of the waqf. Its functions are secular. Even if two non-Muslim members are added, the character of the board won’t change,” Mehta said.
The remarks came a day after lawyers representing Muslim petitioners questioned the legality and constitutionality of recent changes to Waqf laws, particularly the inclusion of non-Muslims and the rollback of the waqf-by-user principle.
Waqf-By-User: Not a Fundamental Right, Says Centre
Defending the government's stance on waqf properties, Mehta said nobody has the right over government land, even if it has been used for religious or charitable purposes for a long time. The waqf-by-user concept, which allowed lands to be declared waqf based on long-term use without documentation, was legally untenable, he said.
“There is already a Supreme Court judgment stating that the government can reclaim such properties if they belong to it. Waqf-by-user is not a fundamental right,” he asserted.
The Centre told the court that the latest amendments in waqf laws have eliminated this provision, except under three exceptions: if the property is registered, private, or documented as waqf.
Historical Correction, Not Targeting: Centre
Rejecting allegations of religious bias or targeting, SG Mehta said the new waqf law amendments are the result of extensive consultation and are meant to resolve century-old land disputes.
“We have addressed a legal issue that even the British and successive Indian governments could not. The Joint Parliamentary Committee met 36 times. We received 96 lakh public representations. Every stakeholder was heard,” Mehta said, pointing out that a few petitioners cannot claim to represent the entire Muslim community.
Supreme Court: Strong Grounds Needed to Intervene
During Tuesday's hearing, the bench clarified that laws passed by Parliament enjoy a presumption of constitutionality. Responding to senior advocate Kapil Sibal, who was arguing for the petitioners, the Chief Justice said:
“There is a presumption of constitutionality in favour of every statute. For interim relief, a very strong and glaring case must be made out.”
The court also hinted that it may narrow the scope of the hearing to three specific issues:
- The validity of waqf-by-user principle;
- The nomination of non-Muslims to waqf councils and boards;
- The identification of government land as waqf.
What Lies Ahead
The case is being closely watched due to its potential impact on how waqf properties are managed, especially with over 6 lakh registered waqf properties in India. The government's argument that waqf is charity—and not a religious essential—may significantly shape future legal interpretations and governance models.
The top court is expected to continue hearing the matter in the coming weeks. A final ruling could reshape land rights, minority representation, and the scope of state oversight on religious trusts.
