CJI Questions Centre Over Waqf Act Changes, Seeks Clarity on Key Provisions
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Summary: CJI Sanjiv Khanna raised questions about the 2025 Waqf Act amendments and sought clarity on interfaith roles in Waqf boards.
Chief Justice of India, Sanjiv Khanna, ruled in a Supreme Court hearing on the Waqf (Amendment) Act's legality. Removing the "waqf-by-user" concept from the Act, which historically acknowledged assets used for Muslim religious or charitable purposes throughout time, even if not formally registered, raised concerns from the Chief Justice.
Though there might be some cases of abuse, he pointed out that there are other acceptable situations and that doing away with this clause could have adverse effects.
Justice Khanna questioned the government's decision to allow non-Muslims to serve on waqf boards, asking about cases of similar interfaith representation on other religious boards. The panel said that laws on Hindu religious endowments might provide better analogies and that the government's reference to the secular Bombay Public Trusts Act, 1950, was not acceptable.
The Limitation Act's relevance to waqf properties was discussed. Before the 1995 Waqf Act, the Limitation Act did not apply, allowing waqf boards to act against intrusions at any time. This exclusion is repealed by the 2025 amendment, which limits the waqf boards' authority to recover invaded property.
While accepting the positive aspects of the amended law, the bench indicated that it is considering staying specific provisions of the Act. The Supreme Court has scheduled the next hearing for April 17 at 3 PM to further deliberate on these matters.
