Centre tells SC Waqf Amendment regulates, not violates rights

New Delhi

On Friday, the Central government filed its preliminary affidavit in the Supreme Court, urging the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The government argued that the law does not violate fundamental rights, as it only regulates the secular management of properties, without infringing on religious freedoms guaranteed under Articles 25 and 26 of the Constitution.

The Centre requested the court not to stay any provisions of the Act, emphasizing that constitutional courts do not stay statutory provisions unless the matter is decided conclusively. It clarified that removing statutory protection from Waqf-by-user does not prevent the Muslim community from creating a Waqf.

The affidavit countered claims that the amendments would harm Waqfs lacking supporting documents, calling such claims misleading and false. It explained that no trust or deed is required for protection under the amended law, provided the Waqf is registered by April 8, 2025, as registration has been mandatory for over 100 years.

The government also stressed that the amendments only affect the administration of Waqfs, focusing on their management and registration, without touching religious aspects. It also assured that the amendments will not make Muslims a minority in the Central Waqf Council or Waqf Boards, with only a small number of non-Muslims included.

This response follows petitions arguing the Act is discriminatory and violates the fundamental rights of Muslims. President Droupadi Murmu approved the amendment on April 5, 2025.