On Wednesday, the Central government informed the Supreme Court that while Waqf is a charitable institution, it is not a core element of the Islamic faith. This statement came during the second day of hearings concerning the Waqf Act in the country's top court.

A bench led by Chief Justice BR Gavai is examining petitions that question the legitimacy of the recently amended Waqf Act. Representing the Centre, Solicitor General Tushar Mehta asserted that though Waqf has Islamic roots, it does not constitute an essential religious practice within Islam.

Mehta elaborated further, emphasizing that acts of charity exist across various religions. "Hindus have a system of daan. Sikhs also have it. Waqf is nothing but just charity in Islam," he stated.

Additionally, he argued that the central government has the authority to reclaim properties previously categorized as waqf under the contentious 'waqf by user' provision. He noted, "Waqf by user is not a fundamental right and was recognised by a statute. Judgment said if a right is conferred by statute… right can always be taken away by a statute."

He also remarked to the bench that, "Nobody has the right over government land… There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf."

The 'waqf by user' doctrine refers to land or property being identified as waqf due to its consistent use for religious or charitable objectives over time, even in the absence of formal records.

Regarding the participation of non-Muslims on the Waqf board, Mehta stated that Waqf functions in a "purely secular" domain and doesn't involve religious rituals. Thus, including up to two Muslim members doesn't affect its secular nature.