The Union Government has filed a comprehensive affidavit in
the Supreme Court defending the Waqf (Amendment) Act, 2025, and
urged the apex court to dismiss all petitions challenging its
constitutional validity.
The 1,332-page preliminary affidavit was submitted by Shersha
C Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs,
and clearly stated that constitutional courts do not stay statutory
provisions, whether directly or indirectly.
🏛️ Centre Opposes Stay,
Cites Settled Legal Principles
The government argued that it is a well-established legal
principle that constitutional courts should not grant interim relief in the
form of staying laws passed by Parliament. “The matter must be adjudicated
finally,” the affidavit asserted, as quoted by ANI.
The affidavit comes in response to multiple public
interest litigations and petitions filed against the Waqf (Amendment) Act,
which critics claim alters key provisions that protect certain waqf properties
— particularly the ‘waqf-by-user’ properties.
🕌 Controversy Around
Waqf-By-User Explained
Addressing one of the key contentious issues, the affidavit
clarified that the amendment does not demand any trust deed or documentary
evidence for a waqf property to be recognized as ‘waqf-by-user’. The
only condition is that the waqf must have been registered as of April 8,
2025, in line with existing statutory requirements that have been in place
for nearly a century.
The Centre dismissed what it described as a "deliberate
and misleading narrative" that waqf properties lacking documentation
would be adversely impacted. “This impression is not only false but
intentionally deceptive,” the affidavit stated.
📊 Spike in Waqf Land
Raises Concerns
The government also pointed to the significant rise in
waqf-designated land after 2013, stating that over 20 lakh hectares
(precisely 20,92,072.536 hectares) were added to waqf records. This rapid
growth has raised concerns over potential misuse of waqf declarations,
the affidavit noted.
🛑 Status Quo Until May 5
In a previous hearing held on April 17, the
government assured the court that it would not denotify any waqf property,
nor would it make new appointments to the Central Waqf Council or
state boards until May 5, the date scheduled for the next
hearing.
The case is being heard by a bench led by Chief Justice
Sanjiv Khanna, which is expected to consider interim relief pleas on
that date.
📌 Background on the Waqf
Act
The Waqf Act governs religious endowments made by
Muslims in India. The 2025 amendment aims to streamline regulations around such
properties, but it has drawn opposition from several quarters, including
community leaders and legal experts, who claim it could undermine religious
rights.
As the Supreme Court prepares to rule on the matter, the
case has become a sensitive legal and political issue, given its
implications for both religious freedom and land regulation in India.
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