Supreme Court Reviews Wakf Law Challenge; Government Says Non-Muslims Not Barred from Contributions

The Supreme Court on Wednesday continued hearing petitions challenging the Wakf Amendment Act, marking the third straight day of proceedings. A bench consisting of Chief Justice BR Gavai and Justice AG Masih is overseeing the case. Solicitor General Tushar Mehta, representing the Union government, began his arguments today.

Mehta contended that while anyone can raise concerns over a law, its validity cannot be questioned simply because it invites debate. “Just because a matter is debatable doesn’t mean a law passed by the legislature should be stayed,” he said.

Clarifying the nature of Wakf, Mehta stated that it is a permanent endowment made in the name of Allah and cannot be arbitrarily revoked. “If something is declared Wakf, it remains Wakf. It’s meant to exist forever,” he asserted. However, he added that if the law is ultimately found unconstitutional, the courts can annul it through interim relief.

Mehta further noted that a Joint Parliamentary Committee (JPC) had acknowledged that while tribals may practice Islam, they retain a distinct cultural identity. He also clarified that the law does not prohibit non-Muslims from contributing to Wakf. “If a Hindu genuinely wishes to support a religious or public cause, they can establish a trust instead of creating a Wakf,” he said, adding that Wakf is inherently Islamic in character.

Referencing legislative history, Mehta pointed out that from 1923 to 2013, only Muslims could create a Wakf. The 2013 amendment expanded this to "any person," though Justice Masih observed that this was still limited to those who believed in Islam. Mehta reiterated that while the system is open, safeguards—like proving one’s Muslim identity over a five-year period—exist to prevent misuse of the Wakf mechanism.