New Delhi [India]: The Central government, on Friday, submitted its preliminary affidavit in the Supreme Court, requesting the dismissal of petitions that challenge the constitutional validity of the Waqf (Amendment) Act, 2025. The Centre firmly stated that the amended law does not infringe upon any fundamental rights guaranteed under the Constitution.
According to the government, the amendments solely address the secular management and regulation of Waqf properties, and do not interfere with the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.
The affidavit emphasized that no statutory provisions should be stayed, noting that constitutional courts typically avoid issuing a stay on valid legislative provisions, and prefer deciding such matters through a final hearing.
Regarding concerns about Waqf-by-user, the Centre clarified that the amendment does not prevent members of the Muslim community from creating a Waqf.
The affidavit added, “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.”
The Centre explained that the amendment or prior laws do not mandate any trust deed or documentary proof for recognition of a Waqf-by-user. The only requirement is that the Waqf must be registered by April 8, 2025, as registration has been a statutory requirement for nearly a century.
The affidavit further argued that individuals or institutions that failed to comply with the registration rule—despite non-registration being a punishable offense—cannot now claim protection.
It also clarified that the Waqf system should not be confused with religious denominations or places of worship, as the Waqf Act pertains to administration and property management, not spiritual matters.
“The concept of Waqf, therefore, is distinguishable from mere religious denominations or places of worship,” the Centre stated.
“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.”
Addressing concerns over the inclusion of non-Muslim members in Waqf institutions, the government stated that Muslims would continue to hold the majority. The Central Waqf Council will have at most four non-Muslim members out of 22, while State Waqf Boards will have no more than three non-Muslim members out of 11, even if all ex-officio members are non-Muslims.
The Centre’s response came in light of multiple petitions that alleged the Act was discriminatory towards the Muslim community and violated their fundamental rights.
President Droupadi Murmu had given assent to the Waqf (Amendment) Bill, 2025 on April 5, following its passage in Parliament after intense debates.
Last week, the Centre assured the Supreme Court that key provisions of the Act, including the inclusion of non-Muslims in Waqf bodies and rules for de-notifying Waqf properties, would not be enforced immediately.
The Solicitor General also assured the apex court that no appointments would be made to the Waqf Council or Waqf Boards for the time being.