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Kerala Government Submits to High Court: Waqf Board Constitution to Be Completed in Two Weeks
The Kerala Government on Wednesday assured the that the process to constitute the has been initiated and would be completed within two weeks. The submission was made before a comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., which recorded the statement and posted the matter for further consideration after four weeks.
The assurance comes in response to a batch of Public Interest Litigations (PILs) challenging the prolonged delay in constituting the Board in accordance with the amended , which mandates the inclusion of non-Muslim members and representation from various Muslim sects. The court had previously granted the government six weeks to fill vacancies, and had orally observed that there was no order restraining the government from reconstituting the Board in the interim.
Government’s Assurance and Court’s Response
informed the Bench that the constitution process was underway and awaited Cabinet approval. “The learned Advocate General has submitted that the process has already been initiated for the constitution of the Waqf Board and an affidavit shall be filed after a fortnight,” the court recorded. The accepted the submission and adjourned the case for four weeks to allow the government to complete the process and file a status report.
Earlier, the court had expressed concern over the non-compliance with statutory requirements, noting that the Board’s continued functioning without the mandated members could lead to legal infirmities. It had observed that the government could appoint the two statutorily required non-Muslim members even before the full reconstitution, so that the Board could operate without interruption.
Background of the PILs
The litigation is driven by multiple PILs, each raising distinct but overlapping grievances. The first PIL, filed by the Christian charitable organization , challenges the very composition of the Board. It argues that the current composition excludes representatives from the Shia, Bohra, and Aghakhani communities, which is contrary to the mandatory provisions of the amended Waqf Act. The organization seeks a direction to the State Government to issue a fresh notification nominating new members in accordance with law, within a timeframe fixed by the court.
Another PIL, moved by leader Shone George, focuses on the non-inclusion of the two non-Muslim members required under Section 14(1) of the Waqf Act, as amended in 2025. The petition prays for a declaration that the Board is currently functioning in violation of this provision, and seeks immediate nomination of the two members to restore legal validity to the Board’s actions.
A third PIL, brought by a separate petitioner, reiterates the same grounds and additionally highlights the inclusion of politician and former MLA Kunhammed Kutty Master as a Board member. The petitioners contend that this appointment raises questions about political interference and lack of transparency in the nomination process.
The Munambam Land Controversy
A significant component of the ACTS PIL concerns the disputed Munambam land. The organization has challenged the uploading of details of this land on the UMEED Portal (Unified Waqf Management, Empowerment, Efficiency, and Development Portal), a centralized database for waqf properties. The petition argues that only the (custodian) of the waqf is empowered under the Waqf Act to file such details, and that the Board’s action in doing so has adversely affected the Hindu and Christian communities residing on the land. The land in Munambam has been a subject of long-standing dispute, with claims of ownership and encroachment from multiple communities. The inclusion of this land on the UMEED Portal effectively brings it under the waqf administration, which the petitioners contend is legally unsustainable.
Legal Analysis: Composition Requirements Under the Amended Waqf Act
The core legal issue revolves around . The amended provision requires the to include, among others, two non-Muslim members and representatives from Shia, Bohra, and Aghakhani communities. The objective is to ensure broad-based representation and prevent any single sect or community from dominating the Board’s decision-making. The petitioners argue that the current Board, constituted without these mandated members, is acting the statute, and that all its decisions—including those related to property management—may be legally vulnerable.
The court’s earlier observation that the government could appoint the non-Muslim members pending full reconstitution indicates a pragmatic approach: the Board’s day-to-day functioning need not be paralyzed while the formal process is underway. However, the failure to do so over several months has prompted the court to set a firm timeline.
Broader Implications for Waqf Administration in Kerala
The resolution of these PILs will have far-reaching consequences for waqf administration in the state. Kerala has a large and diverse Muslim population, and the Waqf Board manages substantial properties and endowments. A properly constituted Board is essential for transparent and lawful management. The case also highlights the tension between political appointments and statutory requirements. The inclusion of a politician, as noted in one PIL, raises concerns about the politicization of religious endowments. If the court finds that the current composition violates the Act, it may order a complete reconstitution, potentially altering the balance of power within the Board.
Furthermore, the UMEED Portal issue is likely to set a precedent for how disputed properties are recorded. If the court rules that only the can file details, it could invalidate numerous entries made by boards across the country, triggering a cascade of litigation.
Conclusion
The ’s decision to monitor the constitution process and the government’s commitment to complete it within two weeks marks a significant step toward ensuring compliance with the amended Waqf Act. The matter will be heard next after four weeks, by which time the government is expected to have filed an affidavit detailing the new Board composition. The outcome will be closely watched by legal practitioners, religious communities, and property stakeholders alike, as it will clarify the scope of the amended Act and the court’s role in enforcing statutory mandates in waqf administration.
