New Delhi, Apr 25 (PTI) The Centre on Friday in the Supreme Court denied the claim that Muslims will be in the minority in waqf bodies under the amended law and said they will comprise an “overwhelming majority”.

In a 1,332-page preliminary counter affidavit, the Centre’s Ministry of Minority Affairs referred to the provisions relating to the constitution of the Central Waqf Council (CWC) and the State Waqf Boards (SWBs) and justified the inclusion of non-Muslims saying unlike other religious boards, they also performed secular activities such as running hospitals and schools.

“Muslim members will form an overwhelming majority of the board,” its affidavit said.

The affidavit said in the amended act the CWC comprises a total of 22 members of which a maximum of four can be non-Muslims.

“The non-Muslim members are clearly, therefore, in minority,” it argued.

SWBs, on the other hand, comprises a total of 11 members of which a maximum of three can be non-Muslims.

The non-Muslim members are, therefore, clearly in minority, it added.

Outlining the concept of Waqf as distinguishable from mere religious denominations or places of worship, the Centre pointed out judicial pronouncements that hold Waqf boards to be a secular body and not a representative body of Muslims.

“In the case of the Central Waqf Council (consisting of a total 22 members), a maximum of four members can be non-Muslims. If the ex-officio chairman, i.e., minister concerned and the joint secretary of the Government who is also ex-officio are Muslims, then only two members can be non-Muslims,” the affidavit said.

The concept of waqf evolved with time and cannot be merely considered to be limited to the religious institutions and places of worship, it said.

Further, the government argued, in view of the wider understanding of waqf, drawing parallels with other religious institutions or endowments enactment would be inappropriate.

The waqf regime, which is wider and ever evolving, requires a suitably tailored approach rather than “lock-stock and barrel” lifting of religious endowment approach, it added.

“Thus, it is clear that non-Muslim members are in a microscopic minority and they are included to give inclusivity and with a view to ensure their participation. Since the secular aspects of waqf administrations may require dealing with issues concerning non-Muslims who are either beneficiaries, aggrieved parties or affected parties,” the Centre said. PTI SJK ABA SJK AMK AMK