The Centre appeared before the Supreme Court on May 21, 2025, in an ongoing hearing regarding the constitutional validity and operation of the waqf laws in India. Solicitor General Tushar Mehta, representing the government, made significant submissions clarifying the Centre’s stance on waqf, an important Islamic institution.

Mehta stated that while waqf is an Islamic concept, it is not an essential or mandatory part of Islam. Drawing parallels with religious charity in other faiths, he highlighted that charity is a universal religious feature — present in Christianity, Hinduism, Sikhism, and Islam alike. The government’s position underlines that waqf, as a practice of endowment or donation for religious or charitable purposes, is not unique nor compulsory solely within Islam.

During the hearing, Mehta addressed claims regarding the historical existence of waqf institutions, often said to be over 100 years old. He questioned the absence of proper documentation, stating, “Where will we find documents for property from 100 years ago?” He emphasized the legal necessity of submitting records or available evidence from at least the past five years to establish the origin and sanctity of waqf properties. This requirement stems from the Waqf Act of 1923, which mandates that existing documents be submitted during registration processes, or at the very least, that known historical information be provided.

Regarding the composition and functioning of waqf boards, the Solicitor General clarified that the boards include non-Muslim members, which does not affect the religious character of the waqf institutions. These members have no role in religious matters, as the boards primarily perform secular and administrative functions—including managing properties, maintaining financial accounts, and ensuring compliance with audit procedures. This administrative role mirrors similar secular oversight found in Hindu religious institutions, where, for example, endowment commissioners can enter temple premises without interfering in religious rites.

Mehta firmly dismissed fears about coercive documentation or large-scale takeovers of waqf properties, labeling such concerns as baseless and misleading. He underscored that the current law only requires proper registration to protect and regulate these assets, not confiscation or forced acquisition.

Chief Justice D Y Chandrachud remarked that previous waqf laws had given a three-month window for registration, which has now been extended to six months. The Solicitor General concurred, stating that the registration window remains open and stressed the importance of maintaining registration requirements to avoid legitimizing potentially irregular property claims.

In conclusion, the Centre’s submissions highlight a push for transparency, proper documentation, and secular administration of waqf properties while maintaining respect for religious practices. The hearing continues as the Supreme Court examines petitions challenging various aspects of the waqf law and its implementation.

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