In a crucial development in the ongoing challenge to the constitutional validity of the Waqf Act, 1995, the Supreme Court of India on Wednesday granted the Union government one week’s time to file its response on the matter. The court is currently hearing a series of petitions that question various provisions of the Act, including the controversial concept of ‘waqf by user’, which has drawn widespread debate over land ownership and religious endowments.
The bench, comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, heard submissions from the petitioners who argued that the Act unfairly empowers Waqf Boards to claim land without proper documentation or legal process, especially under the clause of user-based claims.
The court made it clear that until the next hearing, no coercive action or alteration will be permitted in any land or property claimed under ‘waqf by user’, effectively putting a freeze on administrative action by the Waqf Boards in such cases.
Background of the Case
The Waqf Act, enacted in 1995, governs the administration of waqf properties across the country. These are typically religious endowments made by Muslims for charitable, religious, or educational purposes. The Act grants significant powers to the State Waqf Boards to identify, register, manage, and even take possession of properties declared as waqf.
However, several individuals and organizations have raised concerns that the definition of ‘waqf by user’—where a property is declared as waqf based on continuous religious use rather than documented ownership—lacks transparency and can lead to misuse. The petitions argue that this provision infringes upon the constitutional rights to property and equality.
Petitioners’ Arguments
The lead petitioner in the case, along with several co-petitioners including private citizens and landowners, has contended that the Waqf Act is arbitrary, discriminatory, and unconstitutional. Their primary argument centers on the absence of judicial oversight when land is notified as waqf and the limited avenues for redressal available to aggrieved parties.
They also questioned the functioning of Waqf Boards, pointing to instances where land has been allegedly claimed without ownership documents, solely on the basis of alleged long-standing religious use, such as offering prayers or holding religious events on the premises.
The petitioners urged the apex court to intervene and re-evaluate the constitutional standing of such provisions, especially in light of Articles 14 (Right to Equality) and 300A (Right to Property).
Supreme Court’s Interim Order
While the Supreme Court did not pass any final ruling on the validity of the Act, the interim protection given by the bench against any change in possession or alteration in waqf properties under the ‘by user’ category is seen as a major relief for landowners involved in disputes.
The Chief Justice emphasized the need for a balanced approach, ensuring that while religious rights are respected, property rights and legal safeguards cannot be undermined. The bench instructed the Union government to file its affidavit within a week and fixed the matter for further hearing thereafter.
Centre’s Response Awaited
The Union government, represented by the Solicitor General, accepted the timeline set by the court and stated that it would submit a detailed affidavit addressing the constitutional and procedural issues raised by the petitioners. The court made it clear that no delay would be entertained beyond this extension.
This legal battle is being closely watched not just by legal experts and property owners, but also by religious and civil rights organizations across the country. It has reignited debate over the balance between religious freedom and individual rights, particularly in a diverse and multi-faith democracy like India.
What Lies Ahead
The upcoming hearing is expected to see more comprehensive arguments from both sides, especially with the Centre’s stand now set to be placed on record. While the Supreme Court’s order is only interim, it underscores the judiciary’s cautious approach to protecting citizens’ rights while reviewing complex laws dealing with faith, property, and governance.
Until then, the court’s directive ensures that the status quo is maintained, preventing any potential misuse or premature actions related to waqf property declarations under dispute.