New Delhi [India], April 25 (ANI): The Central government on Friday filed its preliminary affidavit in the Supreme Court while seeking dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 as it said the law is not violative of the fundamental rights guaranteed under the Constitution.
The Centre said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.
The Central government asked the court not to stay any provisions of the Act and said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally.
It said taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf.
The affidavit further stated that a “deliberate, purposeful and intentionally misleading narrative” is built very mischievously giving an impression that those Waqfs (including ‘Waqf-by-user’) which do not have document to support their claims will be affected.
“This is not only untrue and false but purposefully and deliberately misleading this court,” Centre said.
For being protected as ‘Waqf-by-user’ under proviso to Section 3(1)(r), no trust, deed or any documentary proof has been insisted upon in the amendment or even prior thereto, said the Centre.
“The only mandatory requirement for being protected under the proviso is that such ‘Waqf-by-user’ should be registered as on April 8, 2025 since the registration has always been mandatory as per the statute governing Waqfs since last 100 years,” the affidavit further added.
Those, who deliberately evaded or avoided to get Waqf-by-user registered (despite non-registration being punitive under the statute) cannot claim the benefits of the proviso, said the government.
It further said that the concept of Waqf, therefore, is distinguishable from mere religious denominations or places of worship.
“However, it may be pointed out that Waqf Act, 1995 in general and the amendments made in 2025 in particular merely deals with supervising of administration and secular aspects of Waqf and Waqf properties…. The Act merely takes care of administration, effective management, proper accounting, registration etc…. without touching upon its essential aspect pertaining to religion,” it said.
The Centre also asserted that the changes will not make Muslims a minority in the Central Waqf Council and Waqf Boards. The maximum possible number of non-Muslims in the Central Council is four out of 22 members and in Boards is three out of 11 members. assuming the ex-officio members are also non-muslims, it stated.
The response of the Centre was filed on a batch of petitions challenging the Act, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.
President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.
The Centre had last week assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards and provisions on de-notifying Waqf properties, will not be given effect for some time.
Solicitor General also gave an assurance that no appointments will be made to the Waqf Council or Waqf boards. (ANI)
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