Waqf Amendment Act Challenge : Live Updates From Supreme Court [Hearing On Interim Order]

SG Mehta: JPC after thorough deliberation including views of stakeholders that composition of waqf board has been expanded to include two non- Muslims and other apart from Shia and Sunni to promote diversity- Committee feels non-Muslims can be beneficiaries or otherwise interested in the waqf

SG Mehta: Ministry of Minority has placed on record, JPC recorded it but Your lordships have been told maximum would be non-Muslims. It is unfair.

S. 9 and 14- proviso-ex officio- in writing given to JPC that only two maximum would be non-Muslims

SG Mehta: Article 25- we are concerned with 25(2)(a)- there is power to regular secular activities-

SG Mehta: microscopic minority of two muslims- would the court stay? its a supervisory body- exercise regulatory authority regarding secular activities

SG Mehta: come to A. 25 and 26, we are dealing with Waqf Council and Waqf Board which merely undertake secular function supervision and constitution permits that.

SG Mehta: Giving maximum two muslim members- would it change character? waqf board is not involving in religious character.

In hindu endowment, the commissioner can go inside temple and appoint Pujaris. But waqf board does not touches upon any religious functions

SG Mehta: S. 9 and 14- Central Waqf Council and State Waqf Board

three layers- first, Central Council which issues direction regarding administration and does not deal with waqf which is a mosque, school etc

Waqf Board discharges only secular function- register maintenance, accounts audited etc. Purely secular

SG Mehta: John Vallamattom & Anr vs Union Of India referred, suppose majority of Muslims who are not financially sound, would they cease to be Muslims? that's the test laid by SC. Many countries dont have waqf as concept and there are trust.

waqf per se is not an essential religious practice

SG Mehta: Charity is a part of all religion- but court said its not an essential part- Hindus have, Christians have, Sikhs have.

Refers to Dr Ambedkar's speech- religious practice and essential religious practice demarcation [the speech was related to uniform civil code]

SG Mehta: On Article 25 and 26- was not aware until research-doctrine of essential part of religion was evolved by Dr Ambedkar- waqf is an Islamic concept, not disputed but waqf is not an essential part of islam- until this is shown, rest arguments fail

SG Mehta- waqf by user- introduced in 1954 as legislative policy and is now taken away in 2025 in light of the change in statutory policy and the mischief which i have explained [reads a judgment- says ground reality and changing societal conditions needs to be taken in mind]