Supreme Court to hear Wakf cases today

16/04/2025

In a crucial development concerning religious freedom and property rights, the Supreme Court of India is set to hear a batch of petitions today challenging the constitutional validity and legality of certain amendments made to the Wakf Act. The case has drawn national attention due to its far-reaching implications on the management and donation of Wakf properties, especially in relation to the rights of the Muslim community. A three-judge bench headed by the Chief Justice of India will preside over the proceedings.
The core of the challenge lies in the belief that the amendments made to the Wakf Act strike at the very root of fundamental rights guaranteed under the Indian Constitution. The petitioners argue that these amendments infringe upon the rights of Muslims to freely practice and profess their religion, particularly with respect to managing religious endowments and following established customs and traditions within the community.
One of the primary arguments is that once a property is declared Wakf, it remains Wakf in perpetuity. Any interference, especially by non-Muslims in managing such religious properties, is viewed as a direct violation of Islamic principles. The petitioners contend that the amendments permit interference and control by entities or individuals outside the religious community, which they believe is unconstitutional and infringes on their rights under Article 25 (Right to Freedom of Religion) and Article 26 (Freedom to manage religious affairs) of the Constitution.
Another key point raised in the petitions is regarding the traditional Islamic concept of Hiba, or gift, which can be made orally without the need for written documentation. The amendments, however, impose certain procedural requirements and restrictions that are seen as curbing this age-old practice. By doing so, the petitioners believe the Act violates the right to donate property as per one's personal religious belief and practice.
Furthermore, there is serious concern about the legislative process followed in enacting these amendments. The petitioners allege that certain changes were inserted at the last moment during the introduction of the Bill, and these were never brought to the attention of the Joint Parliamentary Committee (JPC). This, they argue, constitutes a breach of legislative procedure and undermines the parliamentary process. The absence of proper discussion or transparency in implementing such significant changes casts a shadow over the legitimacy of the law itself.
An important legal question also arises - will the Supreme Court stay the operation of the amended Act in its entirety, or will it grant a partial stay on those specific amendments that were never debated or brought before the JPC? Legal experts and religious scholars are closely watching this matter, which could set a precedent for how religious endowments and customary practices are treated under secular law in a diverse country like India.
Adding another layer of significance to the hearing is the retirement of Chief Justice of India Sanjiv Khanna, who is expected to demit office on May 13th. With the Government of India having filed a caveat and requesting a 30-day period to file its formal response, it remains to be seen whether the matter will be disposed of before the CJI's retirement or if it will be carried forward under a new bench.
The stakes are high, not just for the Muslim community but for the broader question of how India reconciles its constitutional secularism with the religious autonomy of its citizens. Today's hearing promises to be a pivotal moment in that ongoing balancing act.
(Writer is a practising Advocate, former President J&K High Court Bar Association Jammu and President Jammu Newspapers Editors Guild)

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