Non-Muslims in Waqf Board: CM says assurance already given by Pinarayi Govt

Chief Minister V D Satheesan on Wednesday said that Opposition Leader Pinarayi Vijayan, by concealing the fact that the previous LDF government had agreed to appoint non-Muslim members, was trying to whip up communal hatred against the UDF government in the Waqf Board issue. 

Satheesan said that the order issued by the previous LDF government constituting the State Waqf Board under the amended Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 2025, had unequivocally stated that two non-Muslim members would be appointed.

"It was said in the order that the two members will be chosen from the Bar Council of Kerala and from among persons with experience in social work," Satheesan said during his customary post-Cabinet briefing on Wednesday. "It was also said that these two members will be nominated later. The order itself says that the delay has been caused by the Bar Council elections and that once the elections are over, the appointment will be made," the CM said.

Pinarayi Vijayan had on July 21 said that his government had taken the legal position that the appointment of non-Muslim members in Waqf Board was "unconstitutional". "Since the case was still in court, and also because there was no urgency to appoint all members mandated under section 14 (of UMEED Act, 2025), the LDF government did not appoint two non-Muslim members to the Waqf Board," Pinarayi had said. (Section 14 deals with the composition of the Board.)

Interestingly, the former Chief Minister also stated that in addition to the two non-Muslim members, the LDF government had also not appointed the Bar Council member as the council elections were taking place, implying that three members were not appointed under his watch.

However, Satheesan's post-Cabinet remarks suggested that this was misleading. The CM said that in its own order constituting the Waqf Board, the LDF government had said that one of the two non-Muslim members would be picked from the Bar Council. 

If Pinarayi's statement is taken at face value, it would mean that his government had appointed only eight members to the reconstituted Waqf Board. But Waqf Board's counsel Huzefa Ahmadi himself had told the Supreme Court on July 21 that nine were appointed by the LDF government. Under the amended UMEED Act, the Board cannot have more than 11 members. Meaning, the posts of only the two non-Muslim members were left vacant by the LDF government. 

All said, it is also true that the LDF government had objected to the inclusion of the non-Muslim members. In an intervention petition filed in the Supreme Court, the LDF government said: "There is no rational behind inclusion of non-Muslim members in the Waqf Boards and there is strong legal contention that such inclusion of non-Muslims violates articles 14, 25 and 26 of the Constitution of India."

However, Satheesan said that the Board appointed by the LDF government and its chairman (Umar Faizi) had also assured the Supreme Court that non-Muslim members would be appointed. 

In addition to the absence of non-Muslim members, Satheesan said that three other grievances regarding the newly-constituted Waqf Board had come before the court. One, minority groups within the Muslim community like Shia, Bohra, Agakhani and backward Muslims were not represented. Two, the number of members from the various Muslim categories to be included in the Board were not properly determined by the State Government. Three, members now appointed are ineligible.

"Our stand was that we will examine all the complaints and reconstitute the Board. But we wanted the petitions, including the one against the exclusion of non-Muslims, to be rejected. It is this stand, that the petitions should be repudiated, that the (LDF-appointed) Board has now upheld in the SC," the CM said, and added: "The CPM and the Opposition Leader should not hope to spread communal hate against the UDF after promising to appoint two non-Muslim members."

However, he feigned ignorance about the Muslim League's position on the issue. Satheesan said that he did not have the details nor was aware of the status of the intervention petition filed by the Muslim League against the inclusion of two non-Muslims. 

When asked whether there was further scope to contest the inclusion of non-Muslims, the CM said: Already the SC has dismissed this petition. The provision for two non-Muslims is part of an Act passed by Parliament. Someone had challenged it and it was dismissed by the Supreme Court." Nonetheless, he said that Tamil Nadu's petition against non-Muslim members was still pending in the apex court.