In response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, the Union government has strongly defended the legislation in the Supreme Court. Filing a 1,332-page preliminary affidavit, the Centre called for the outright dismissal of the pleas, terming the concerns raised as misleading and unfounded. It clarified that the amended Act does not deprive any Muslim individual from creating a waqf, and emphasized that claims suggesting otherwise are deliberately constructed to misguide the court.
Centre says courts shouldn’t stay statutory provisions
Filed by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs, the affidavit asserted that as per settled legal principles, constitutional courts do not stay statutory provisions, either directly or indirectly. The Centre stated that any such plea for interim relief is not legally tenable, and the court must adjudicate the matter conclusively without imposing interim stays.
The government also pointed to a dramatic surge in waqf land since 2013, stating that over 20.92 lakh hectares of land have been added during this period. It argued that this rise justified amendments to tighten oversight and ensure transparency. The affidavit mentioned that taking away the statutory protection to a “Waqf-by-user” — a property used for religious or charitable purposes by the Muslim community without a formal deed — does not affect the ability of individuals to establish such waqfs.
No documentary proof needed for Waqf-by-user protection
Refuting claims that the amendment mandates documentary proof for recognising a Waqf-by-user, the Centre stated that no such requirement exists in either the amended provision or the previous version. The only condition for protection is that such waqf should be registered by April 8, 2025. Registration, the government noted, has been a longstanding statutory requirement under waqf laws for the past century.
Additionally, the Centre criticized what it called a “purposeful and intentionally misleading narrative” suggesting that waqf properties lacking documentation would lose protection. It dismissed these concerns as factually incorrect and aimed at creating confusion.
Earlier on April 17, the government had assured the Supreme Court that it would not denotify any waqf properties or appoint new members to the Central Waqf Council and waqf boards until May 5. The case, being heard by a bench headed by Chief Justice Sanjiv Khanna, is listed for the next hearing on May 5, when interim orders may be considered.
