'Waqf Not Essential Practice of Islam or A Fundamental Right' : Centre Tells Supreme Court

New Delhi ( The Uttam Hindu): The Central Government on Wednesday told the Supreme Court that Waqf is an Islamic concept, but it is not an essential part of Islam. Therefore, it cannot be claimed as a fundamental right under the Constitution. Solicitor General (SG) Tushar Mehta, appearing on behalf of the government, told this to the apex court.

Mehta said, Waqf is an Islamic concept, which cannot be denied, but until it is considered an essential part of Islam, other arguments have no meaning.” The Center gave this reply on the petitions challenging the Waqf (Amendment) Act, 2025. Defending the Act, Mehta said that no person has the right to claim government land even if the land is declared as Waqf.

He further said, “No individual can claim government land. There is a Supreme Court judgment which says that if the property is government property and declared as Wakf, the government can protect it.” “Wakf property is not a fundamental right. It was recognised by law. If a right is given under legislative policy, it can always be taken back,” the Solicitor General stressed.

A bench of Chief Justice (CJI) B.R. Gavai and Justice Augustine George Masih is hearing these petitions. The Waqf (Amendment) Bill, 2025 was passed by Parliament in April and became a law after President Draupadi Murmu gave its assent on April 5. It got 288 votes in favour and 232 against in the Lok Sabha, while in the Rajya Sabha, it got 128 votes in favour and 95 against.