Waqf hearing: When we sit on bench, we lose our religion, says CJI

The Supreme Court on Wednesday took strong note of an analogy drawn by the Centre in support of the inclusion of non-Muslims in waqf boards and the argument that by that logic, a bench of Hindu judges should not be hearing pleas related to waqf.

The bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan was questioning the provisions of the Waqf (Amendment) Act, 2025 that allow for the nomination of non-Muslim members to the Central Waqf Council and state waqf boards.

"Are you suggesting that minorities, including Muslims, should also be included in boards managing Hindu religious institutions? Please state that openly," the CJI said.

Representing the Centre in the matter, Solicitor General Tushar Mehta defended the provisions, emphasising that the inclusion of non-Muslim members is limited and does not affect the predominantly Muslim composition of these bodies.

The law officer also said objections to non-Muslim participation could logically extend to judicial impartiality and by that logic, the bench itself would be disqualified from hearing the matter.

If the objection to the presence of non-Muslims in the statutory boards is accepted, then the present bench would also not be able to hear the matter, Mehta said, adding, "Then your Lordships cannot hear this matter if we go by that logic."  The CJI shot back, saying "No, sorry Mr Mehta, we are not talking just about adjudication. When we sit here, we lose our religion. We are absolutely secular. For us, one side or the other is the same.