The Centre sought to strike down petitioners’ argument in the Supreme Court that creating ‘waqf’ is an essential religious practice in Islam.

About Essential Religious Practice (ERP)

• The essential religious practices (ERP) doctrine determines which religious practices are protected under Arts. 25 & 26 of the Constitution.
• The judiciary determines ERP based on religious tenets.

Judicial Cases Related To ERP

• Shirur Mutt Case, 1954: The Supreme Court held that what constitutes an essential religious practice is to be determined by the doctrines of the religion itself, not by the state.
• Durgah Committee v. Syed Hussain Ali (1961): The Supreme Court observed that only essential and integral parts of religion are protected, and not every custom or practice.
• Indian Young Lawyers Association v. State of Kerala,2018 (Sabarimala Case): The SC ruled that the exclusion of women from the Sabarimala temple was not an essential religious practice and struck it down as unconstitutional.
• Nikhil Soni vs Union Of India & Ors., 2015 (Santhara /Sallekhana): In 2015, the Rajasthan High Court deemed the Jain ritual of Santhara non-essential, but the Supreme Court stayed the verdict, allowing the practice to continue.
• Shayara Bano v. Union of India, 2017 (Triple Talaq Case): The SC held that instant triple talaq (talaq-e-biddat) was not an essential practice of Islam and declared it unconstitutional.

Reasons For Waqf Act in Supreme Court

• Petitions claim that the Waqf (Amendment) Act, 2025 violates Articles 25 and 26 of the Indian Constitution  by restricting the Muslim community’s right to manage waqf properties and invalidating traditional practices like waqf by user.
  • The Waqf Amendment Act, 2025, amends the Waqf Act of 1995 to enhance the management of Waqf properties in India.

Arguments made by Centre to defend the Waqf (Amendment) Act, 2025

• Waqf Not an Essential Religious Practice: The Centre told the Supreme Court that creating waqf, by its very nature a form of charity, is not an essential religious practice in Islam. 
  • It argued that Charity is part of every religion but not an essential religious practice of any religion.
• Regulation Of secular and administrative aspects: The law deals with financial, administrative, and property-related issues.
  • No interference in core religious beliefs or rituals.
  • Articles 25 and 26 permits state regulation of secular activities related to religion, including financial management and property administration of religious endowments to ensure transparency.
• Waqf by User : Creating a waqf was not mandatory in Islam, neither was it a fundamental right in itself.
  • ‘Waqf by a user’ was only given statutory recognition by the preceding Waqf Acts.
  • Parliament has the power to withdraw legal recognition if societal needs change.
• Compulsory Deed: Mutawallis (managers of waqf properties) are needed to furnish only details of the waqf, including property description, income, expenses, and any written deed “only if it was available”.
• Non Muslims In Waqf Board: Only 2 non-Muslims out of 11 in State Boards and 4 out of 22 in the Central Council is a “microscopic” representation.
  • The Joint Parliamentary Committee (JPC)  had concluded that the expansion of the composition of State Waqf Boards to include non-Muslim members would ensure broader representation and diversity in waqf property management.
• Protected Monuments: The Centre clarified that Section 3D does not ban religious activities in waqf properties declared as protected monuments. 
  • It only prohibits activities inconsistent with the monument’s identity. 
  • If the site was used for religious purposes, such use will continue.

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