The Supreme Court of India on Tuesday asked the Central government tough questions about the new Waqf Amendment Act, especially the rule that allows a property to be declared as Waqf based on how it has been used over time—even without proper papers. This rule is known as ‘Waqf by user’.
A special bench of the Supreme Court, led by Chief Justice Sanjiv Khanna, along with Justice Sanjay Kumar and Justice KV Vishwanathan, was hearing 73 petitions filed against the new law. People in many parts of India have protested the amended Waqf Act.
At the start of the hearing, Chief Justice Khanna said, “There are two key questions here. First, should the Supreme Court deal with these petitions or send them to the High Courts? And second, what exactly do the petitioners want to argue?”
Senior advocate Kapil Sibal, representing one of the petitioners, said the new law violates Article 26 of the Constitution, which gives every religious group the right to manage its own religious affairs.
He also objected to the role given to District Collectors under the new Act.
“The Collector is a government official. Giving him powers like a judge is wrong and unconstitutional,” Sibal told the court.
Another major concern was the inclusion of non-Muslims in the Central Waqf Council, which oversees Waqf properties. The court asked the Centre:
“Would you allow Muslims to be members of Hindu endowment boards?”
On the issue of ‘Waqf by user’, Mr. Sibal explained that the government can now label a property as Waqf simply because it has been used for prayers or charity for a long time—even if there is no official record.
“This is unfair, especially when there is no proof or proper paperwork,” he said.
The new law makes an exception—properties that are already in dispute or owned by the government cannot be declared Waqf under this rule.
