The Center informs the Supreme Court that waqf registration is not a new requirement and that the 2025 amendments are merely regulatory and will not impact religious rights.
Centre Defends Waqf (Amendment) Act, 2025 in Supreme Court
Government Cites Presumption of Constitutionality
On Friday, April 25, 2025, the Center asked the Supreme Court to reject the arguments contesting the legality of the Waqf (Amendment) Act, 2025, stating that there was a “presumption of its constitutionality” and that they could not “blanket stay” the law. The government defended the controversial law in a 1,332-page preliminary reply affidavit, stating that “shockingly” more than 20 lakh hectares (or 20, 92,072.536) of waqf land had been added after 2013.
Historical Context and Reported Misuse
“Right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18, 29,163.896 acres of land in India,” according to the declaration. It asserted “reported misuse” of previous rules to invade government and private property. Shersha C. Shaik Mohiddin, a joint secretary in the Ministry of Minority Affairs, submitted the affidavit.
Legal Doctrines and Courtโs Role
“Established legal doctrine that states that constitutional courts will make the final decision and will not directly or indirectly stay a statutory provision. It further said that laws passed by Parliament are presumed to be constitutional.
The Center continued, “While this court would examine these challenges when the cases are heard, a blanket stay (or a partial stay) without being aware of the adverse consequences of such an order in a generality of cases (even on members of the Muslim community itself) were the petitions to be unsuccessful would, it is submitted, be uncalled for, especially in the context of the presumption of validity of such laws.”
Affidavitโs Stand on Religious Freedom and Legislative Competence
According to the affidavit, the arguments against the Act were based on the erroneous assumption that changes would deny religious freedom. According to Article 32 of the Constitution, it stated that the court may examine a law based on its legislative competence and any violations of fundamental rights.
Legislative Review Behind the Amendments
According to the administration, a legislative panel comprising representatives from the main political parties conducted a thorough, in-depth, and analytical examination before making the revisions. “Parliament has acted within its domain to ensure that religious endowments like waqf are managed in a manner that upholds the trust reposed in them by the faithful and the society at large, without trespassing on religious autonomy,” it stated.
Interim Assurance and Upcoming Hearing
According to the Center, the statute was legitimate and the outcome of a legitimate use of legislative authority. According to the affidavit, it was illegal for the legislature to replace the legislative regime. The Center promised the top court on April 17 that it would not designate any waqf properties, including “waqf by user,” or appoint anyone to the Central Waqf Council or Boards until May 5. On May 5, a bench led by Chief Justice Sanjiv Khanna is scheduled to hear the case once interim orders are passed.
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Waqf Amendment Act 2025, Supreme Court, waqf land, religious rights, constitutional law, waqf property, Ministry of Minority Affairs
