Waqf Amendment Act: How Article 26 emerged as a key legal flashpoint in SC

Article 26 of the Constitution took centre stage as the Supreme Court began hearing petitions challenging the Waqf Amendment Act, with Kapil Sibal leading arguments in court

The Supreme Court on Wednesday witnessed extensive debate surrounding Article 26 of the Constitution, as it heard a series of petitions challenging the recent Waqf (Amendment) Act, 2025. 

Appearing on behalf of Jamiat Ulema-E-Hind, senior advocate and Congress leader Kapil Sibal invoked Article 26 to argue that the amended provisions of the Waqf Act infringe upon constitutionally protected religious rights. 

“Let me broadly address what the challenge is about. Through a parliamentary legislation what is sought to be done is to intervene in an essential and integral part of a faith. I refer to Article 26. Many provisions of the Act violate Article 26,” Sibal said before the Bench, as quoted by Bar and Bench. 

 

While reading out sections of the Waqf Act under challenge, Sibal said, “Who is the state to tell us how inheritance will be in my religion?” 

Responding to the argument, Chief Justice of India Sanjiv Khanna observed that Parliament has enacted similar laws for other communities, and emphasised that Article 26 is secular in character and applies equally across faiths. “But in Hindus it does happen. So, Parliament has enacted a law for Muslims. Maybe, not like the Hindus. Article 26 will not bar the enactment of law in this case. Article 26 is universal and it is secular in the fashion that it applies to all,” the CJI noted. 

To this, Sibal countered that, in Islam, inheritance rights take effect only upon an individual’s death. He criticised the new provisions that allow members of other faiths to participate in the Waqf Board, arguing that this move infringes upon the community’s fundamental rights. 

  “Now, the Waqf council and boards. Only Muslims had been part of such boards. Now, even Hindus can be a part. This is a direct usurpation of fundamental rights by parliamentary enactment,” he said. 

Justice KV Vishwanathan, part of the Bench along with CJI Khanna and Justice Sanjay Kumar, said Article 26 should not be conflated with core religious practices.   The apex court will continue hearing petitions starting 2 pm tomorrow (April 17). 

What is Article 26?

Article 26 of the Indian Constitution guarantees every religious denomination, or a section of it, the right to manage its own religious affairs, subject to public order, morality, and health. 

This fundamental right includes the authority to establish and maintain institutions for religious and charitable purposes, manage their internal affairs, own and acquire movable and immovable property, and administer such property according to law.