Clear Answer Needed: Will Muslims Be Allowed in Hindu Religious Institutions? – Supreme Court’s Sharp Question to Modi government
A heated hearing unfolded in the Supreme Court today over the Waqf Amendment Act. Over 70 petitions were filed challenging the Act, with top lawyers like Kapil Sibal and Abhishek Manu Singhvi arguing on behalf of the petitioners. Representing the Centre, Solicitor General Tushar Mehta stood his ground.
But the moment that set the courtroom ablaze was when Chief Justice Sanjiv Khanna bluntly asked the Centre a piercing question:
“Mr. Mehta, can you say with certainty that Muslims will now be allowed entry into Hindu religious institutions?”
Chief Justice’s Bold Stand: “Give a Clear Answer, Mr. Mehta”
As the arguments turned to the inclusion of Hindus in Waqf Boards, Kapil Sibal and Singhvi questioned why non-Muslims are being brought into a religious body meant for Muslims. That’s when CJI Khanna turned the tables:
“If Hindus can enter Waqf Boards, can Muslims enter Hindu religious trusts? Will they now become part of them? Give us a clear and straightforward answer.”
This wasn’t a rhetorical or soft inquiry—it was a direct challenge to the principle of religious parity in institutions supposedly protected under Article 26 of the Constitution.
Why Should a Collector Decide Waqf Property Disputes? SC Asks
The Chief Justice also questioned why district collectors were given the power to decide disputes over Waqf properties, rather than the judiciary:
“Why can’t the courts decide on disputes related to Waqf properties?”
To this, Mehta responded that collectors merely register Waqf properties—a practice that has been mandatory since the original 1995 Act.
“New Law Will Jail Mutawallis?” – Sibal’s Sharp Concern
Kapil Sibal raised an alarming point—that the new Waqf law could send Mutawallis (custodians of Waqf properties) to jail. Mehta responded by saying this would only happen if they failed to register the property, asserting that registration has always been a mandatory process.
Sibal: “Only 10 Out of 22 Waqf Board Members Will Be Muslims?”
Sibal strongly objected to the dilution of Muslim representation, stating that under the new structure, only 10 out of 22 board members would be Muslims. He argued that this violates Article 26, which guarantees autonomy to religious denominations in managing their own affairs.
This prompted the Supreme Court to pose its most critical question—if Muslims can be kept out of their own religious boards, can they then be allowed into Hindu ones?
SC Signals Case May Be Referred to High Court
Towards the end of the hearing, the Supreme Court indicated it may refer the matter to a High Court for initial hearings. Only after a High Court decision will the Supreme Court consider further action.
Bottom Line: SC Demands Clarity, Equality, and Accountability
This case has turned into more than just a debate over property or administrative control. At its heart, the Chief Justice has raised a critical constitutional question about religious equality and fairness.