Centre Clarifies Waqf Not a Fundamental Right in Supreme Court Ruling
NEW DELHI: The central government has asserted before the Supreme Court that while waqf is an Islamic concept, it does not constitute an essential part of Islam and therefore cannot be considered a fundamental right under the Constitution.
Solicitor General Tushar Mehta, representing the Centre, stated that “until waqf is shown as an essential part of Islam, the rest of the arguments fail.” This statement was reported by LiveLaw.
The government’s position was delivered in response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Mehta began the arguments defending the Act, emphasizing that no individual has the right to claim government land, even if it has been classified as waqf under the “waqf by user” principle.
Under this principle, land used informally for religious or charitable purposes over time is declared as waqf. Mehta noted that “nobody has the right over government land,” citing a Supreme Court judgment that states the government can reclaim property if it belongs to the government and has been declared as waqf.
Mehta further explained that “waqf by user is not a fundamental right. It was recognised by statute—judgment says if right is conferred as legislative policy, the right can always be taken away.”
The bench, comprising Chief Justice BR Gavai and Justice Augustine George Masih, is currently hearing the case. The Waqf (Amendment) Act, 2025 was passed by Parliament in April and received presidential assent on April 5. The Lok Sabha cleared the act with 288 votes in favor and 232 against, while the Rajya Sabha approved it with 128 supporting and 95 opposing votes.
The government’s stance in the case is part of a broader legal debate on the regulation of religious and charitable properties in India. The amendment aims to bring transparency and accountability to the management of waqf properties, ensuring that they are used for their intended purposes.
Legal experts have noted that the government’s argument hinges on the distinction between the religious concept of waqf and its legal recognition under Indian law. While waqf is a significant aspect of Islamic tradition, the amendment seeks to clarify its status under the Constitution and the law.
The case has drawn attention from various stakeholders, including religious communities, legal professionals, and civil society groups. The Supreme Court’s decision is expected to have far-reaching implications for the management and regulation of religious properties in India.