In a key hearing on the Waqf Amendment Act, 2025, Chief Justice of India Sanjiv Khanna urged the Centre to answer pressing concerns while also urging petitioners to acknowledge positive aspects of the law. The Supreme Court bench sought clarity on inter-faith representation and removal of waqf-by-user provisions, while flagging both potential benefits and issues with the amended Act.
BulletsIn
- CJI asked Centre for examples of inter-faith members on religious boards; no clear response yet
- Court questioned removal of “waqf by user” concept; warned it could harm genuine waqf claims
- Centre cited Bombay Public Trusts Act; bench called it an unsuitable comparison
- Petitioners flagged Limitation Act now applying to waqf; could hinder actions against encroachment
- CJI noted Limitation Act has pros, cons; denied it was wholly negative
- 2025 Act removes waqf’s previous protection from Limitation Act time limits
- Petitioners claimed Act interferes with Muslim inheritance; CJI disagreed, cited Hindu Succession Act
- New Act clarifies waqf cannot deny inheritance rights to legal heirs, including women
- Argument made that waqf management is essential religious practice under Article 26
- Bench warned not to mix Article 26 issue with essential religious practice doctrine




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