All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and Member of Parliament Asaduddin Owaisi has reiterated his stance against the Waqf Act, labelling it “unconstitutional.” His remarks came after the Supreme Court, on Thursday, acknowledged the Centre’s plea seeking more time to respond to the ongoing legal challenge against the Act.
Speaking to the media, Owaisi asserted, “We have consistently maintained that this Act is unconstitutional. The Court has clearly stated that neither the Central Waqf Council nor the State Waqf Councils shall be constituted for the time being, and that properties marked as ‘Waqf by user’ cannot be removed from the record.”
Highlighting his long-standing opposition, Owaisi said, “I had submitted a report during the deliberations of the Joint Parliamentary Committee (JPC) against the government’s proposed amendments. Even during the parliamentary debate, I had declared the bill unconstitutional. Our legal fight will continue.”
During the hearing, the Supreme Court took note of Solicitor General Tushar Mehta’s assurance that no appointments will be made to the Waqf Boards or Councils until the matter is further heard. The Court also clarified that existing Waqf properties, whether declared through court orders or registered by usage or notification, will not be tampered with in the interim.
The Solicitor General argued that the Waqf Act is a well-considered piece of legislation and highlighted that numerous representations had been received regarding disputes over land classification. He urged the court not to impose a blanket stay on the Act and requested a week’s time to submit a formal response.
The bench, led by Chief Justice of India Sanjiv Khanna along with Justices PV Sanjay Kumar and KV Viswanathan, emphasized that the court is not inclined to suspend the Act entirely at this stage and intends to maintain the current status quo until judicial scrutiny is complete.
On Wednesday, the bench had hinted at potentially suspending some contentious provisions of the Act—such as the inclusion of non-Muslim members in the Waqf Boards and Councils, the powers granted to District Collectors in Waqf property disputes, and the provisions allowing de-notification of Waqf properties.
Before any interim order could be issued, the Solicitor General and several lawyers defending the Act requested that they be given a chance to present their arguments. The Court, seeking to strike a balance, expressed its intent to maintain existing designations of Waqf properties, regardless of how they were declared, until further hearings.
Additionally, the bench said that Collectors may continue their proceedings, but the related proviso would not be enforced. If needed, they may approach the Court for further directions. On the question of Waqf Council composition, the bench clarified that while ex-officio members could belong to any faith, other members must be Muslims.
Chief Justice Khanna observed that legislative amendments cannot alter historical facts, especially concerning the reclassification of properties long recognised as Waqf. Drawing a parallel, Justice Viswanathan noted that just as only Hindus manage Hindu charitable trusts, the same principle should apply to the Waqf Boards.
Senior advocate Kapil Sibal, representing one of the petitioners, argued that giving Collectors the authority to determine Waqf status presents a conflict of interest, calling it “inherently unconstitutional.” He also questioned the recent inclusion of non-Muslim members in Waqf institutions, saying it undermines the religious autonomy of Muslims.
Calling it a legislative overreach that impacts the faith of over 200 million people, Sibal added that several petitions have been filed, asserting the Act discriminates against Muslims and violates their constitutional rights.
The Waqf (Amendment) Bill, 2025, was passed by Parliament amid heated debate and received presidential assent from Droupadi Murmu on April 5.(ANI)
