India
Waqf Act: Centre files affidavit in Supreme Court, seeks dismissal of pleas challenging validity
The Union government has filed a preliminary affidavit in the Supreme Court, seeking the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Centre opposed a stay on any provisions of the Act, stating that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly.
Or indirectly. The government defended the contentious law, stating that “shockingly” after 2013, there were an addition of over 20 lakh hectares in waqf land. The affidavit further states that a “deliberate, purposeful and intentionally misleading narrative” is built, giving the impression that those Waqfs (including ‘Waqf-by-user’) without a document to support their.
Claims will be affected. The Centre clarified that for being protected as ‘Waqf-by-user’ under provision to Section 3(1)(r), no trust, deed, or documentary proof has been insisted upon in the amendment or even before that. A bench headed by Chief Justice Sanjiv Khanna is slated to hear the matter on May 5 on the passing of interim orders improve governance particularly.
In a significant legal development, the Centre has filed an affidavit in the Supreme Court, seeking the dismissal of multiple petitions that challenge the constitutional validity of the Waqf (Amendment) Act, 2023. The affidavit, submitted by the Ministry of Minority Affairs, defends the Act as a lawful and necessary step to reform the management of Waqf properties.
The Waqf (Amendment) Act, 2023, was enacted with the primary aim of modernizing the management of Waqf properties, which are religious endowments under Muslim personal law, and providing greater oversight in their administration. The Act includes several contentious provisions, such as the inclusion of non-Muslim members on Waqf boards and a shift in how.
Legal Arguments in Defence of the Waqf Act
In its affidavit, the Centre argued that the new legislation is within the bounds of the Constitution and has been passed by Parliament under its legislative competence. The government emphasized that any law enacted by Parliament enjoys a presumption of constitutionality, and thus, the petitions challenging the Waqf (Amendment) Act cannot.
be entertained without a proper judicial review. It urged the Supreme Court not to grant any interim relief or stay against the operation of the law, asserting that there is no strong prima facie case to justify such an order Addressing issues of transparency and accountability. Waqf properties can be classified and managed. These provisions have been challenged on grounds.
The Centre further clarified that the inclusion of non-Muslim members in the Waqf boards is meant to ensure transparency, effective management, and a broader representation of of violating religious autonomy and constitutional principles to stakeholders. The government argued that this provision was not meant to interfere with religious matters but to bring administrative efficiency to the management of Waqf properties.
Controversial Provisions of the Waqf Act
One of the key provisions of the Waqf (Amendment) Act that has sparked controversy is the “Waqf by User” concept. This provision allows land used for religious purposes over time to be declared as Waqf, even if no formal documentation or deed exists. Critics argue that this could lead to arbitrary classification of properties and could potentially lead to the confiscation.
Another contentious issue is the provision allowing non-Muslim members on the Waqf boards. This has raised concerns within some sections of the Muslim community, who argue that it could infringe on the autonomy of religious institutions. The Centre, however, defended this provision, stating that it does not confer any administrative or control rights to the non.
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