Shilpi Nama
On April 16, 2025, the Hon’ble Supreme Court of India expressed strong concerns regarding an analogy presented by the Central Government that supported the inclusion of non-Muslims on the Waqf Board. The argument suggested that, by this reasoning, a panel of Hindu judges should not adjudicate cases related to waqf matters.
The Constitutional bench, which included current Chief Justice of India (CJI) Sanjiv Khanna along with Justice Sanjay Kumar and Justice K V Viswanathan, scrutinized the provisions of the Waqf (Amendment) Act, 2025. This legislation permits the appointment of non-Muslim members to both the Central Waqf Council and State Waqf Boards.
“Are you implying that minorities, such as Muslims, should also be represented on boards overseeing Hindu religious institutions? Please clarify that explicitly,” the CJI remarked.
Solicitor General Tushar Mehta, representing the Centre, defended the provisions, asserting that the inclusion of non-Muslim members is restricted and does not alter the predominantly Muslim nature of these organizations. He further argued that objections to non-Muslim involvement could logically extend to questions of judicial neutrality, suggesting that the present bench would also be disqualified from hearing the case under such reasoning. “If the objection to non-Muslims on statutory boards is accepted, then this bench would also be unable to hear the matter,” Mehta stated, adding, “By that logic, your Lordships cannot preside over this case.”
Senior Advocate Kapil Sibal also argued for the petitioners, challenging multiple provisions of the Waqf Amendment Act. He argued that the Act directly interferes with the community’s right to manage its religious affairs as protected under Article 26 of the Constitution.
In response of Solicitor General Tushar Mehta, the CJI stated, “No, Mr. Mehta, we are not merely discussing adjudication. When we are seated here, we set aside our religious identities. We are entirely secular. For us, both sides are treated equally.”
Case Name: Asaduddin Owaisi vs Union Of India, 2025
Bench: Justice Sanjay Kumar and Justice K V Viswanathan
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