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The Supreme Court's hearing on the constitutionality of the Waqf (Amendment) Act, 2025, brought to the forefront crucial questions regarding the separation of religion and state, particularly concerning the composition of religious bodies. The Chief Justice of India (CJI), Justice Sanjiv Khanna, along with Justice Sanjay Kumar and KV Viswanathan, presided over the proceedings, engaging in a pointed exchange with Solicitor General Tushar Mehta. The core of the debate centered on Sections 9 and 14 of the Amendment Act, which permit the inclusion of non-Muslims in the Central Waqf Council and the State Waqf Boards. This provision sparked the CJI's inquiry, which he framed by asking whether a similar inclusion of Muslims would be permissible in Hindu religious endowments. This line of questioning established a critical premise: the need for equitable treatment and consistent application of principles across different religious communities. The CJI's directness in asking Mehta to “say that very openly” underscores the seriousness with which the court is treating this matter, indicating that the constitutionality of the Waqf Amendment Act has implications beyond just Muslim religious affairs. The underlying concern is the potential for legal precedent to be set that could affect religious governance and the secular fabric of the nation. The inclusion of non-Muslims in Waqf boards, while seemingly innocuous, raises concerns about the delicate balance between religious autonomy and the principle of secularism. While supporters of the inclusion might argue it promotes transparency and inclusivity, critics fear it could lead to interference in religious matters by those unfamiliar with Islamic tenets. The CJI's concern, and the potential implications for Hindu religious bodies, highlights the need for careful consideration of the broader implications of the amendment. The broader context of the Waqf Amendment Act, 2025, and the legal challenges it faces cannot be overlooked. Waqf properties, historically dedicated to religious or charitable purposes under Islamic law, have often been subject to mismanagement and encroachment. The amendment likely aims to address these issues by streamlining the administration of Waqf properties and enhancing accountability. However, the inclusion of non-Muslims in the governing bodies, intended perhaps as a measure to ensure broader oversight, has inadvertently stirred a debate about religious freedom and potential interference. The CJI's interrogation of Mehta's position is therefore not just a legal inquiry but a probing into the fundamental principles that underpin India's secular democracy. The Act itself comes at a time of heightened sensitivity surrounding religious matters in India. Several legislative and judicial actions related to religious practices and identity have sparked intense public discourse and legal challenges. In this environment, the Supreme Court's role as the guardian of the Constitution becomes even more critical. The court must carefully balance the need for reforms in religious governance with the imperative to protect the religious freedom of all citizens. The CJI's questions regarding Hindu religious endowments are not merely hypothetical; they reflect a genuine concern about the potential for legal precedents to be applied inconsistently, leading to unequal treatment of different religious groups. This is a core aspect of the rule of law and fundamental fairness. The court's vigilance in ensuring consistent application of the law across religious communities reinforces its commitment to secularism. The implications of allowing non-Muslims in Waqf boards, without reciprocal arrangements for Muslim representation in Hindu religious bodies, could be perceived as discriminatory, leading to further polarization and distrust. Therefore, the CJI's emphasis on parity and equitable treatment is not only legally sound but also socially necessary.
Solicitor General Tushar Mehta's attempt to deflect the CJI's questioning by suggesting that the same logic would disqualify the current bench from hearing the case drew a sharp rebuke. The CJI's response – "When we sit over here, we lose our religion, we are absolutely secular" – is a powerful assertion of judicial impartiality. It reaffirms the judiciary's commitment to dispensing justice without regard to personal beliefs or affiliations. This statement serves as a reminder that judges are expected to be objective and unbiased, even when dealing with matters that touch upon sensitive religious issues. The CJI's assertion is not just a personal declaration but a fundamental principle of the Indian judicial system. It underscores the ideal that judges are bound by the Constitution and the law, and that their personal religious beliefs should not influence their decisions. This principle is crucial for maintaining public trust in the judiciary, especially in a diverse and pluralistic society like India. Mehta's initial line of reasoning, implying a conflict of interest based on religious background, was arguably an attempt to introduce an extraneous factor into the proceedings. The CJI's strong rebuttal effectively shut down this line of argument and reaffirmed the court's commitment to secular principles. However, the CJI also highlighted the distinction between adjudication and the governance of religious affairs. While judges are expected to be secular in their decision-making, the composition of religious councils that oversee religious endowments and trusts raises different considerations. The CJI's reference to the potential appointment of a receiver in a Hindu temple, where the governing board is entirely Hindu, illustrates the inherent challenges in applying secular principles to the administration of religious institutions. This nuance is critical to understanding the complexity of the issue. While the judiciary must remain impartial, the governance of religious bodies often involves specific religious knowledge and understanding. Balancing the need for oversight and accountability with the preservation of religious autonomy is a delicate task. The CJI's remarks suggest a recognition of this challenge and a willingness to explore different approaches that respect both secular principles and religious freedom. The Solicitor General's clarification that he was not suggesting judges should be from different backgrounds further underscores the sensitivity of the issue. The debate is not about the qualifications or impartiality of individual judges but about the broader principles that govern the relationship between religion and state in India. The CJI's suggestion that the Waqf board should have a majority of Muslim members if it is merely an advisory board reflects a pragmatic approach to the issue. It acknowledges the importance of religious expertise in guiding the board's decisions while potentially mitigating concerns about interference from non-Muslim members. This suggestion could provide a pathway towards a more balanced and acceptable solution that respects both secular principles and the religious autonomy of the Muslim community.
The Solicitor General's reference to the Joint Parliamentary Committee's report, which clarified that only a maximum of two non-Muslims would be included in the Waqf boards, adds another layer to the discussion. This information suggests that the amendment intended to limit the number of non-Muslim representatives, potentially addressing concerns about undue influence. However, the CJI's continued questioning about the composition of the boards indicates that the court remains unconvinced that the proposed arrangement adequately balances the interests of different stakeholders. The CJI's direct question – "Are you ready to make that statement?" – demonstrates the court's insistence on concrete assurances and commitments. This reflects a proactive approach to ensuring that the government's actions align with the principles of fairness and equality. The Solicitor General's undertaking to file an affidavit stating that the number of non-Muslims in the boards would be limited to two is a significant development. This commitment provides a formal basis for the court to monitor the implementation of the amendment and ensure that it is applied in a manner consistent with the government's assurances. The Supreme Court's proactive engagement in the Waqf Amendment Act case underscores its role as the protector of constitutional principles and the guardian of minority rights. The court's questioning of the government's stance on the inclusion of non-Muslims in Waqf boards highlights its commitment to ensuring that all laws and policies are consistent with the principles of secularism and equality. The outcome of this case will have significant implications for the relationship between religion and state in India. It will set a precedent for how religious institutions are governed and how the interests of different religious communities are balanced. The Supreme Court's deliberations in this case are therefore of critical importance, and the court's commitment to upholding the Constitution and protecting the rights of all citizens is essential for maintaining India's pluralistic and democratic society. The court's insistence on clarity and accountability, as demonstrated by the CJI's questioning and the Solicitor General's undertaking to file an affidavit, reflects a commitment to ensuring that the Waqf Amendment Act is implemented in a fair and equitable manner. Ultimately, the Supreme Court's handling of the Waqf Amendment Act case demonstrates its commitment to upholding the principles of secularism and equality while also recognizing the importance of religious freedom and autonomy. The court's proactive engagement and careful consideration of the issues at stake are crucial for maintaining public trust in the judiciary and ensuring that the rights of all citizens are protected. The entire process is a demonstration of checks and balances working as intended.