In a pivotal Supreme Court hearing on the Waqf Amendment Act, Solicitor General Tushar Mehta addressed the bench led by Chief Justice D.Y. Chandrachud and Justice Sanjay Karol on Tuesday. The hearing focused on the constitutional validity of the Waqf Act, which governs the administration of religious endowments in the Muslim community.
The Solicitor General clarified that while the law allows for the inclusion of non-Muslims on Waqf Boards, their presence will be capped at two members, ensuring they remain a permanent minority in the body. “They cannot be in majority. They will always be in minority,” Mehta told the bench.
The remarks come in response to petitions challenging the Act’s provisions, which some argue exclude equal participation from other communities and violate constitutional rights. Mehta defended the structure of the Board, stating that it is meant to manage Islamic religious properties and must, therefore, be primarily governed by Muslims.
The hearing also touched upon comparisons with similar religious bodies like the Gurudwara and Church Committees. The Chief Justice noted that it was necessary to examine whether the structure of the Waqf Board was discriminatory in any way.
As the case continues to unfold, the Court is examining whether the provisions of the Act align with principles of equality and secularism. The hearing resumes with arguments on historical and legal perspectives of minority rights and religious autonomy.
