The Supreme Court, led by Chief Justice of India (CJI) Sanjiv Khanna, on Wednesday firmly rejected an analogy drawn by the Centre during a hearing on the Waqf (Amendment) Act, 2025, which allows non-Muslim nominations to the Central Waqf Council and state waqf boards.

The bench, including Justices Sanjay Kumar and K V Viswanathan, was scrutinizing these provisions when Solicitor General Tushar Mehta, defending the Centre, argued that objections to non-Muslim inclusion could question judicial impartiality, implying the bench—comprising Hindu judges—might be disqualified from hearing waqf-related pleas.

CJI Khanna sharply rebuked the argument, stating, “When we sit here, we lose our religion. We are absolutely secular. For us, one side or the other is the same.” He challenged the Centre to clarify if it supported including minorities, like Muslims, in boards managing Hindu religious institutions. Mehta clarified that non-Muslim inclusion in waqf bodies is limited, preserving their predominantly Muslim character.

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The hearing arose from petitions challenging the 2025 amendments, which aim to reform waqf property management. Critics argue non-Muslim nominations could dilute the boards’ religious character, while the Centre defends them as promoting inclusivity.

The court’s strong stance underscored its commitment to impartiality, emphasizing that judges transcend personal beliefs in adjudication. The case highlights ongoing debates over balancing secular governance with religious autonomy in India’s diverse society. The bench will continue examining the amendments’ constitutional validity in subsequent hearings.

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