The Delhi High Court has expressed strong disapproval of the Delhi government’s prolonged inaction in reconstituting the Waqf Tribunal, which has remained non-functional since April 2022. The tribunal, mandated under the Waqf Act, 1995, plays a critical role in adjudicating disputes concerning waqf properties. Its continued non-availability has left numerous litigants without a dedicated forum for their cases, forcing them to approach the High Court for interim relief.
The issue arose when the tribunal’s previous member, an Additional District Judge, was transferred in 2022. Though a successor from the state judicial service subsequently took charge, the government failed to issue the mandatory notification under Section 83(1) of the Waqf Act to formally reconstitute the tribunal. Without this notification, the tribunal could not function, resulting in a near-complete halt of proceedings on disputes involving waqf properties.
Hearing the matter, Justice Subramonium Prasad noted the gravity of the situation and remarked on the government’s “casual” and “lackadaisical” approach. The court observed that the absence of timely action had seriously affected the functioning of a statutory body meant to serve an important purpose. The delay was described as unjustified and contrary to the expectations of efficient governance and proper administration of justice.
The High Court emphasized that statutory obligations cannot be neglected or postponed indefinitely by the government. It further underscored the importance of the Waqf Tribunal as a specialized body entrusted with addressing sensitive disputes involving religious properties and community rights. The non-functioning of the tribunal not only disrupts justice delivery but also places an unnecessary burden on the High Court, which has been compelled to deal with matters that should ordinarily fall within the tribunal’s jurisdiction.
Directing accountability, the bench asked the Delhi government to file a formal response explaining the reasons for its failure to reconstitute the tribunal. The court also made it clear that the issue could no longer be treated with indifference, and corrective measures must be taken without further delay. The case has been listed for further hearing in July, giving the government time to provide a concrete explanation and outline the steps it plans to take.
The High Court’s observations reflect judicial concern over administrative inertia and highlight the need for timely action to uphold the statutory framework created by the Waqf Act. By criticizing the State’s conduct and demanding accountability, the court signaled its determination to ensure that institutions designed for the resolution of community-specific disputes are made operational. The proceedings thus underscore both the importance of responsive governance and the judiciary’s role in ensuring that statutory mechanisms meant for public benefit are not rendered ineffective through neglect.
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