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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.

Bengaluru: The leaked contents of Karnataka’s long-awaited caste census suggest a significant policy shift—extending the creamy layer rule to Category 1 castes under the backward classes reservation list. This category includes some of the most disadvantaged nomadic and microscopic communities.

The commission, headed by Jayaprakash Hegde, has reportedly recommended that the creamy layer policy—already applied to categories 2A, 2B, 3A, and 3B—be extended to Category 1. The report notes that some groups within Category 1 have achieved considerable progress socially, economically, educationally, and politically, thus justifying the introduction of a filtering mechanism.

The panel emphasized the growing inequality within Category 1 itself, stating that children from impoverished farming and labourer families are unable to compete with the children of wealthier households in the same category.

“The competition is stiff here and there is a threat that this category may become one populated by the rich in due course if the creamy layer policy is not implemented,” the report reportedly states.

It further underlines that to fulfil the constitutional goal of equitable opportunities, the policy must be introduced across all categories of backward classes, including Category 1.

New Delhi: In the wake of the deadly terror strike in Pahalgam that claimed 26 lives, Union Home Minister Amit Shah on Friday personally reached out to the Chief Ministers of all states, instructing them to take immediate action to identify and deport Pakistani nationals who are overstaying in India beyond the newly imposed visa deadlines, according to official sources.

During the calls, Shah emphasized the urgency of locating any Pakistani nationals still residing in their respective states and ensuring their departure in compliance with the fresh directives. He also made it clear that while overstayers must be deported, Hindu Pakistani nationals holding valid long-term visas are exempt from these measures and should not face any action.

This directive follows India’s sweeping decision to revoke all visas issued to Pakistani nationals from April 27 onwards. Medical visas, however, will remain valid only until April 29. The government has also urged all Indian citizens currently in Pakistan to return home at the earliest.

Furthermore, as part of its comprehensive response to the April 22 terror incident, India has withdrawn Pakistani access to the SAARC Visa Exemption Scheme (SVES). Pakistani nationals currently in India under SVES were given a 48-hour deadline—until Friday—to leave the country.

The Home Minister had just returned from a two-day visit to Jammu and Kashmir and attended a high-level Cabinet Committee on Security (CCS) meeting in Delhi, where key decisions were taken, including suspending the Indus Waters Treaty with Pakistan.

Meanwhile, External Affairs Minister S. Jaishankar and Foreign Secretary Vikram Misri briefed foreign envoys about the nature of the Pahalgam attack and the measures India is undertaking in its aftermath.

Addressing a public gathering in Bihar, Prime Minister Narendra Modi condemned the attack and asserted that India will "identify, track, and punish" every terrorist and their "backers," vowing to pursue the perpetrators to the "ends of the earth."

The government has also begun consultations with both ruling and opposition political parties, seeking unity on national security even as questions were raised regarding potential lapses that led to the attack.