On Tuesday, November 12, the Karnataka High Court remarked that the Government Order authorising the Waqf Board to issue marriage certificates to married Muslim applicants was unprecedented in law. The court made these observations while hearing a petition filed by A Alam Pasha. The petition seeks to declare the government order, dated September 30, 2023, issued by the Under Secretary of the Minority, Waqf, and Haj Department, as inconsistent with the provisions of the Wakf Act, 1995, and therefore, ultra vires to the Act.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind directed the state government to file its objections to the petition and orally said, “This September 30, order which authorises the Waqf board to issue marriage certificate is unheard of in law. Show us the power under the Waqf Act by which it can issue the certificates”.

During the hearing, the government advocate sought two weeks time to file its objections. However, the court did not accede to the request and posted the matter for further hearing on November 21.

The petitioner has argued that the order is inconsistent with the provisions of the Waqf Act, 1995, and should be declared ultra vires, or beyond the legal authority of the government. Pasha’s plea asserts that the Waqf Board's involvement in issuing marriage certificates is not provided for under the Act and is thus a violation of existing legal frameworks.

The petition, which seeks to declare the order invalid, has drawn attention to potential conflicts between the powers of the Waqf Board and the statutory provisions governing marriage registration in the state. The court has yet to issue a formal ruling, and the matter is expected to be heard further in the coming weeks.