Waqf (Amendment) Act, 2025: Supreme Court Hearing
The Supreme Court of India is hearing arguments against the Waqf (Amendment) Act, 2025, which petitioners argue is an unconstitutional "creeping acquisition" of waqf properties, primarily affecting the Muslim community. The hearing focuses on the validity and implications of the Act, which came into force on April 8, 2025.
Key Arguments by Petitioners
- Presumption of Constitutionality:
- Chief Justice B.R. Gavai emphasized that a parliamentary statute typically enjoys a presumption of constitutionality.
- Senior advocate Kapil Sibal countered that this presumption can be rebutted if a prima facie breach is evident, urging the court to stay the Act in public interest if it causes irreparable harm.
- Encroachment on Minority Rights:
- The Act is seen as infringing on Article 25, which ensures the freedom of religion.
- Section 3C allows disputes initiated by encroachers, with inquiries conducted by government agents, lacking clear timelines or procedures.
- Existing uses of properties could be halted without restrictions on demolition or third-party rights during inquiries.
- Discrimination and Arbitrary Conditions:
- Inclusion of non-Muslims in waqf administrative bodies is viewed as discriminatory, unlike Hindu or Sikh endowments.
- Section 3E bars Scheduled Tribes' lands from being declared waqf, being deemed discriminatory.
- Section 3(r) requires a waqf creator to be a practicing Muslim for five years, which is seen as arbitrary and discriminatory.
- Impact on Secularism:
- Senior advocate Rajeev Dhavan highlighted that removing waqf properties undermines the foundation of secularism in India.
- Senior advocate A.M. Singhvi argued that the Act affects protection under the Places of Worship Act, 1991.
Contentions on Waqf Property Data
- Government claims on waqf property growth (116% increase from 2013 to 2024) are criticized as misleading, with the data reflecting improved registration rather than land-grabbing.
The Centre is set to present its counter-arguments on May 21, 2025.