Waqf is not a fundamental right or essential part of Islam, the Center states the Supreme Court. Bharat News
New Delhi: The Center told the Supreme Court on Wednesday that Waqf, although an Islamic concept is not an essential part of Islam and hence cannot be claimed as a fundamental right under the Constitution. Solicitor General Tushar Mehta appeared to the Center, the apex court said that “the rest of the arguments fail until Waqf is shown as a compulsory part of Islam.”Mehta said, “Waqf is an Islamic concept, not disputed, but Waqf is not an essential part of Islam until it is shown, the rest of the arguments fail,” Mehta said, as is quoted by Livelaw.The Center’s Stand came in response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Mehta began the argument while defending the Act, saying that no person has the right to claim government land, even though it is classified under the principle “Waqf” by Waqf, where the land being used informally for religious or charitable purposes over time is declared Waqf.
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“Nobody has authority over government land,” said Mehta. “There is a decision of the Supreme Court, which says that the government belongs to the government and if it has been declared a Waqf then it can save the property.”The Solicitor General said, “Waqf is not a fundamental right by the user. It was recognized by the law- the decision states that if the right is honored as a legislative policy, the authority can always be taken away,” said the Solicitor General.Chief Justice Bry and Justice Augustine George Masih are hearing a bench case. The Waqf (Amendment) Act, 2025 was passed by Parliament in April and received the presidency of President on 5 April. The Lok Sabha approved it in favor of 288 votes and 232, while the Rajya Sabha approved it with 128 support and 95 opposition.
