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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.

New Delhi: Prime Minister Narendra Modi launched a scathing attack on the Congress on Sunday, accusing the party of indulging in minority appeasement and vote-bank politics over its opposition to the amended Waqf Act. Speaking at the inauguration of Hisar Airport in Haryana, the Prime Minister also questioned the Congress’s commitment to the Muslim community, asking why the party had never appointed a Muslim president or reserved a significant portion of election tickets for Muslim candidates.

“Congress has appeased only a few fundamentalists while keeping the majority of Muslims poor and uneducated,” Modi said. “If the Congress truly cares for Muslims, let them make a Muslim the party president and reserve 50 per cent of their Lok Sabha tickets for Muslim candidates. But they won’t. Their only aim is to snatch away others’ rights for political gains.”

He alleged that the Congress misused the Waqf law to benefit select groups and land mafias. “Lakhs of hectares of land under Waqf have been misused. If it had been used honestly, Muslim youth wouldn’t be forced to fix bicycle punctures for a living,” Modi remarked. “With the new amendments, Waqf Boards can no longer claim land belonging to tribals or marginalized communities. This is true social justice.”

Modi linked the Waqf law controversy to what he called the Congress’s legacy of undermining Dr B.R. Ambedkar. Remembering Ambedkar on his birth anniversary, the Prime Minister accused the Congress of sidelining him during his lifetime and attempting to erase his legacy after his death.

“Babasaheb Ambedkar stood for equality, but Congress infected the nation with the virus of vote-bank politics. They made him lose elections twice and tried to keep him out of the system,” Modi said, adding that every policy of his government is inspired by Ambedkar’s ideals.

He also took aim at the Congress’s stance on the Uniform Civil Code, noting that while the Constitution recommends a common civil code, the Congress never implemented it. “Today, Uttarakhand has implemented a Uniform Civil Code, and Congress is opposing it. This shows their double standards,” he said.

In response, Congress president Mallikarjun Kharge hit back, accusing the BJP of using Ambedkar’s name for political mileage while failing to implement his principles. “Dr Ambedkar emphasised education above all. What has this government done to realise his vision?” Kharge questioned. “They only speak against Congress, against Nehru, and all we have done. But what have they achieved themselves?”

Kharge also reiterated the Congress’s demand for immediate implementation of the Women’s Reservation Act, which mandates 33 per cent representation for women in Parliament and state assemblies. “When the bill was passed two years ago, we demanded SC, ST, and OBC women be included in the reservation. This remains our goal,” he said.

The exchange marks a sharp escalation in the war of words between the two national parties ahead of the upcoming general elections, with both sides invoking Ambedkar’s legacy to bolster their political narratives.

Tumakuru: Karnataka Home Minister G Parameshwara announced on Sunday that the much-anticipated caste census report will be formally discussed at a special meeting of the state Cabinet scheduled for April 17. The meeting will focus on the findings and recommendations of the report, which has recently been circulated among ministers.

Speaking at Tiptur in Tumakuru district, Parameshwara noted that the caste census was conducted to ensure equitable access to essential services, education, and employment for downtrodden communities.

“The Congress government, between 2013 and 2018, spent crores of rupees to gather caste-based data from 1.37 crore families,” he said. “However, implementation was delayed by successive governments for various reasons.”

He emphasized the need for careful and informed deliberation and urged political leaders to avoid commenting on the report without studying it. “Nearly 80 per cent of the information in the report is accurate,” the Home Minister said, reinforcing the document’s credibility.

The Cabinet’s decision following the April 17 meeting could have far-reaching implications on Karnataka’s reservation policy and social equity framework.