印度最高法院審理Waqf法案 德里高院聽取Kejriwal申訴

The Supreme Court of India is gearing up for a landmark hearing that could reshape the country’s legal and religious landscape. At the center of the storm is the *Waqf (Amendment) Act, 2025*, a piece of legislation that has ignited fierce debates since its enactment earlier this year. Passed by Parliament and signed by President Droupadi Murmu on April 5, the Act amends the governance of Waqf properties—Islamic charitable endowments—raising questions about constitutional rights, religious equality, and state oversight. With petitions piling up and protests erupting nationwide, the Court’s decision could redefine the balance between religious autonomy and governmental authority.

The Controversy: A Clash of Rights and Reforms

Critics argue the Act undermines protections historically granted to Waqfs, labeling it discriminatory. Figures like Jawed (MP from Kishanganj) and Asaduddin Owaisi allege it violates constitutional guarantees of equality (Articles 14–16) by singling out Muslim endowments while leaving other religious trusts untouched. The Act’s opponents claim it strips Waqf Boards of autonomy, potentially exposing properties to state interference or mismanagement.
Meanwhile, the government defends the amendments as necessary for transparency. Waqf properties, estimated to span over 800,000 acres nationwide, have long been scrutinized for inefficiency and corruption. The Centre insists the reforms will streamline administration, ensuring assets benefit communities as intended. In a strategic move, it filed a caveat in the Supreme Court, demanding a hearing before any ruling—a sign of its resolve to uphold the law.
The stakes are high. Protests in West Bengal’s Murshidabad and elsewhere reflect grassroots fears that the Act could erode religious safeguards. For many Muslims, Waqfs are not just assets but pillars of community welfare, funding schools, mosques, and hospitals. The Court’s intervention is seen as a last resort to prevent what some call a “legal dismantling” of Islamic charitable traditions.

The Legal Battle: Procedure and Precedents

Chief Justice Sanjiv Khanna’s bench has taken a measured approach. After urgent appeals from petitioners like *Jamiat Ulama-i-Hind*, the Court agreed to fast-track hearings but granted the Centre seven days to file its rebuttal. An interim order freezes new Waqf appointments or land alterations, preserving the status quo until arguments conclude.
This case unfolds against a charged judicial backdrop. The Delhi High Court, for instance, is concurrently handling high-profile petitions by AAP leaders Arvind Kejriwal and Manish Sisodia—a reminder of India’s judiciary juggling multiple contentious issues. Legal experts note parallels to past religious-property disputes, such as the *Shirur Mutt case* (1954), where the Court ruled that state regulation of temples must not infringe on essential practices. Could similar principles apply to Waqfs?
The Centre’s reply will likely hinge on two arguments: that the Act falls within Parliament’s authority to regulate religious endowments, and that reforms align with secular governance. Petitioners, however, may counter that selective amendments targeting one community breach the Constitution’s “equal protection” clause.

Broader Implications: Beyond Waqfs

The verdict’s ripple effects could extend far beyond Muslim endowments. A ruling upholding the Act might embolden calls for similar reforms in Hindu temple trusts or Sikh gurdwara boards—raising questions about uniform standards for all religious properties. Conversely, striking it down could reinforce judicial safeguards for minority institutions, setting a precedent against perceived state overreach.
The timing is also politically sensitive. With general elections looming, the ruling BJP faces accusations of majoritarianism, while opposition parties frame the Act as an assault on minority rights. The Court’s decision may either defuse tensions or fuel further polarization.
Internationally, observers are watching. India’s handling of religious endowments has drawn scrutiny from human rights groups, particularly amid global debates on Islamophobia. A balanced judgment could bolster the country’s secular credentials; a contentious one might invite criticism.

As India’s Supreme Court prepares to weigh in, the Waqf Act controversy encapsulates larger dilemmas about rights, reforms, and pluralism. The hearing isn’t just about property management—it’s a test of whether constitutional promises of equality can withstand the pressures of politics and governance. The Court’s ruling will either validate fears of discrimination or redefine how India navigates the intersection of faith and law. For now, all eyes are on the justices: their gavel could echo for generations.

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