GUWAHATI: The central government on Friday, April 25, defended the Waqf (Amendment) Act, 2025 in the Supreme Court, urging dismissal of petitions challenging the legislation.
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In a comprehensive 1,332-page counter affidavit, the government argued that the law holds a “presumption of constitutionality” and should not be stayed during judicial review. Filed by Shersha C. Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs, the affidavit highlighted a substantial surge in waqf properties, citing an increase of over 20 lakh hectares since 2013. The government alleged that earlier legal provisions were misused, leading to encroachments on both private and public lands.
The affidavit also maintained that constitutional courts must exercise caution before staying statutory provisions, particularly when such actions could create broader repercussions. It added that members of the Muslim community could also face unintended consequences if the court were to halt implementation and later uphold the amendments.
In response to concerns over religious freedoms, the Centre further asserted that the amendments did not infringe upon fundamental rights. It noted that the reforms were based on findings by a bipartisan parliamentary panel and aimed at ensuring transparent and responsible management of religious endowments.
To facilitate judicial consideration, the government assured the court that it would refrain from denotifying waqf properties or appointing members to the central waqf council and state boards until May 5.
The matter has been scheduled for further hearing before a bench headed by Chief Justice Sanjiv Khanna on the same date.
