Centre Defends Waqf (Amendment) Act, 2025 In Supreme Court, Seeks Dismissal Of Petitions Challenging Its Valid

On Friday, the Union government submitted a preliminary affidavit to the Supreme Court asking that cases contesting the constitutionality of the Waqf (Amendment) Act, 2025 be dismissed. Shersha C. Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs, provided the affidavit, which vehemently opposed any stay on the Act's provisions. It underlined that the issue should be decided on its merits and that constitutional courts cannot directly or indirectly delay statutory requirements.

The administration justified the contentious law by claiming that Waqf holdings had grown by more than 20 lakh hectares (20,92,072.536 hectares) since 2013. The Center maintained that Muslims can still establish a Waqf even if the statutory protection for "Waqf-by-user" is removed.

The idea that Waqfs, especially those classified as "Waqf-by-user," would suffer if they lacked supporting documentation was also questioned in the affidavit. This claim was described by the government as "deliberate, purposeful, and intentionally misleading," and the petitioners were charged with attempting to deceive the court. It made clear that a Waqf can be safeguarded under Section 3(1)(r) of the Act without any kind of written evidence, such as a trust deed. The Waqf simply needs to be registered by April 8, 2025, which has been a regulatory requirement for more than a century.

Also, until May 5, the Center promised the Supreme Court that it would not designate Waqf properties, including "Waqf-by-user," or nominate anyone to the Central Waqf Council or boards. It was made clear that no action would be taken prior to April 17th, when this guarantee was given. On May 5, a bench chaired by Chief Justice Sanjiv Khanna is due to hear the case again, and it is anticipated that interim orders will be considered.

The purpose of the government's affidavit was to preserve the integrity of the legislation and dispel misunderstandings regarding the Waqf (Amendment) Act. The government underscored its intention to maintain appropriate regulation while protecting the interests of the Muslim community in managing religious properties by restating the statutory requirement of Waqf registration.