Majority of Muslims in India are descendants of Hindus, says BJP MP

In a powerful courtroom exchange, the Supreme Court of India on Tuesday sharply questioned the Centre over controversial changes in the Waqf Amendment Act, especially the provision that allows non-Muslims to be part of the Central Waqf Council.

The hearing was conducted by a bench led by Chief Justice Sanjiv Khanna, and included Justices Sanjay Kumar and KV Viswanathan. The court is currently hearing 73 petitions filed against the amended law, which has stirred protests in several parts of the country.

Key Questions Raised by the Court

1. Should the Petitions Be Shifted to High Courts?

Chief Justice Khanna opened the hearing by asking:

•    Should these petitions be heard by a High Court?

•    What specific constitutional questions are the petitioners raising?

Petitioners Argue Violation of Religious Freedom

Senior Advocate Kapil Sibal argued that:

•    The new law violates Article 26 of the Constitution, which protects the right to manage religious affairs.

•    Giving the Collector judicial authority under the law is unconstitutional, since the Collector represents the government.

What Is 'Waqf by User' — And Why It's Controversial

•    Sibal explained that ‘Waqf by user’ refers to properties that have long been used for religious or charitable purposes and are thus treated as Waqf, even if no written deed exists.

•    The new law removes this recognition if the property is government land or under dispute — which he said undermines centuries of Islamic tradition.

•    “If a waqf was created 3,000 years ago, they’ll ask for the deed,” Sibal remarked.
Senior Advocate Abhishek Singhvi added that nearly half of India’s 8 lakh Waqf properties (approx. 4 lakh) are based on this concept.

The Chief Justice acknowledged the complexity, noting:

“We are told the Delhi High Court is built on Waqf land. There is misuse, yes—but there are genuine Waqfs too.”

Major Flashpoint: Inclusion of Non-Muslims in Waqf Council

“Will Muslims Be on Hindu Boards? Say It Openly” — Chief Justice Asks Centre

One of the strongest moments in the hearing came when the court questioned the Centre’s move to allow non-Muslims on the Central Waqf Council.

The Chief Justice asked Solicitor General Tushar Mehta:

“Are you saying you will allow Muslims to be part of Hindu endowment boards? Say it openly.”

This pointed question was aimed at highlighting perceived inconsistencies in how religious communities are treated in administrative roles concerning religious institutions.

 Centre Defends the Law

•    Solicitor General Tushar Mehta said the law was thoroughly debated and passed in both Houses of Parliament after review by a Joint Parliamentary Committee.

•    However, the bench asked:

“If a ‘Waqf by user’ was validated earlier by a court, does the new law now void that?”

The court observed that ancient religious structures often have no documentation:

“You cannot undo something that has stood for centuries.”

Petitioners Request Partial Stay

•    The petitioners clarified they are not seeking to block the entire Act, only some controversial provisions.

Concern Over Rising Tensions

The Chief Justice also expressed alarm over violence and tensions triggered by the law.
“It is very disturbing,” he said.

When Mehta said “they think they can pressurize the system,” Sibal responded, “We don’t know who is pressuring whom.”

What Happens Next?
The Supreme Court will continue the hearing tomorrow. The court has emphasized that while there are cases of misuse, many Waqfs are genuine, and religious freedoms must be protected under the Constitution.

The Supreme Court on Thursday stayed the operation of certain parts of the contentious Waqf law, including the inclusion of non-Muslims in the Waqf boards and council, till the next date of hearing on May 5. The Chief Justice-led bench also said that the 'waqf by user' provision should not be denotified till then.

The Centre assured the Supreme Court that no appointments would be made to Waqf boards. The new law tweaks the composition of Waqf boards, making it compulsory to include non-Muslims as its members.

"SG (Tushar) Mehta assured that till the next date, no appointment shall take place to board and councils under the 2025 Act. He also assures that the status of waqfs, including waqf by user, already declared by notification or gazetted, shall not be changed," the court said in its order.

The Centre, represented by Solicitor General Tushar Mehta, sought 7-days' time to file a response. The court allowed the petitioners to file their rejoinder within five days after that.

Details awaited.

Madhubani: In a stern message, Prime Minister Narendra Modi on Thursday said India will identify, track and punish every terrorist and their backers who were responsible for the attack in Pahalgam "beyond their imagination".

"Today, from the soil of Bihar, I say to the whole world that India will identify, track and punish every terrorist and their backers. We will pursue them to the ends of the earth," Modi said addressing a public gathering here.

"India's spirit will never be broken by terrorism. Terrorism will not go unpunished," the Prime Minister said in his first public remarks after the terror attack in Baisaran in Pahalgam that left at least 26 persons dead on Tuesday.

"Every effort will be made to ensure that justice is served. The entire nation stands firm in this resolve," he said.

"Everyone who believes in humanity is with us. I thank the people of various countries and the leaders who have stood with us in these times," the Prime Minister said in his brief remarks in English.

Modi asserted that the terrorists who carried out the attack and its planners will be "punished beyond their imagination".

He said the enemies of the country have dared to attack the soul of India.

Earlier, Prime Minister Modi and a large crowd gathered here for a National Panchayati Raj Day programme observed silence for a few moments to pay homage to the victims of the terror attack in Pahalgam in Jammu and Kashmir.

Before beginning his speech, Modi urged the gathering to observe silence as a mark of respect to "our family members" who lost their lives in Pahalgam.

Modi urged the gathering to remain seated in silence to pay homage to the victims of the terror attack.

Earlier, Bihar Chief Minister Nitish Kumar condemned the terror attack at Pahalgam and told the prime minister that the entire nation was united against terrorism.

Panchayati Raj Minister Rajiv Ranjan Singh said the entire nation had belief in Modi's strength and were confident he would give a befitting reply to the perpetrators of terror at an appropriate time.