Supreme Court moots tweaks in key provisions of Waqf law
The Supreme Court on Wednesday expressed its concerns over the newly enacted Waqf law, questioning three aspects of the statute – the status of “waqf by user” properties declared so under earlier court orders, the majority presence of non-Muslim members in the Waqf Council and Waqf Boards and disallowing a property from operating as waqf property if it is disputed as a government plot.
The bench headed by Chief Justice of India (CJI) Sanjiv Khanna said it was inclined to pass an interim order pausing the operation of the law on these aspects, but agreed to give the Centre and states an opportunity on Thursday, when the case is due to be heard next.
In its first examination of the law, which is under challenge in a batch of over 70 pleas, the bench said its concerns were borne out of apprehensions raised by the petitioners, comprising members of Parliament, Muslim scholars, religious bodies and political parties, which said the law was in breach of articles 25 and 26 of the Constitution.
The bench, also comprising justices Sanjay Kumar and KV Viswanathan said, “When a legislation is passed, courts generally do not interfere.If a property declared as waqf by user is denotified, it can have huge consequences.”
A waqf is a Muslim religious endowment, usually in the form of landed property, made for purposes of charity and community welfare. The act, passed by Parliament and ratified by the President earlier this month, implements major changes in the regulation and governance of India’s waqf boards.
It scraps the waqf by user provision – where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration as waqf – for future cases, permits women, Shia sects and government officials to be members of waqf bodies, and gives overriding power to senior officials to determine if a government property belongs to a waqf.