'History cannot be written again' - CJI asked the Center on the Waqf property dispute

National News: The Supreme Court today heard the petitions challenging the Waqf (Amendment) Act, 2025. During the hearing, there was a thorough debate about Article 26 of the Constitution, in which the petitioner side described this law as a violation of religious freedom.

What is Article 26?

Article 26 of the Indian Constitution empowers every religious sect to conduct its religious and charitable matters independently. This includes establishing institutions, acquiring property and managing it. However, these rights are subject to public system, morality and health limitations.

Senior advocate Kapil Sibal's arguments

Kapil Sibal argued in the court that the Waqf Amendment Act interferes with the basic religious traditions of Islam. He said that succession in Islam takes place after death and there should be no interference of the state in this process.  

Chief Justice's response

Chief Justice Justice Sanjeev Khanna said that Article 26 is a secular provision and it applies equally to all religions. Giving examples, he said that Parliament has also enacted laws for Hindu religious institutions, in such a situation, making laws on Muslim religious institutions cannot be called unfair.

Justice Vishwanathan clarified that Article 26 talks about freedom of operation of religious institutions, but should not be confused with 'compulsory religious practices'.

Questions raised on Waqf land

During the hearing, the Chief Justice asked the Center how the users occupying the Waqf property for years would be registered? What will be their position in the event of no document they have? The court said that history cannot be changed.

No interim relief at the moment

The court has not currently issued any interim order and the next hearing of the case is fixed at 2 pm on Thursday.