Centre defends Waqf law in Supreme Court, says it regulates secular aspects only

New Delhi: In a significant development in the ongoing challenge to the Waqf (Amendment) Act, 2025, the Union government has filed its preliminary affidavit before the Supreme Court, strongly defending the constitutional validity of the legislation.

Filed through the Ministry of Minority Affairs, the Centre rejected arguments that the amendments violate fundamental rights under the Constitution, particularly those under Articles 25 and 26.

The affidavit, submitted by Joint Secretary Shersha C. Saidik Mohiddin, emphasizes that the amendments are aimed solely at regulating the secular aspects of waqf property management, and do not interfere with religious freedoms or Islamic rituals.

“The Act pertains only to procedural and administrative dimensions such as record-keeping and governance of waqf properties. It avoids interference with any essential religious practices, rituals, or obligations,” the affidavit clarifies.

The Centre termed the concerns over the omission of "waqf-by-user" as misleading and unfounded. It clarified that all existing waqf lands already registered as of April 8, 2025, remain fully protected.

The concept of mandatory registration has existed since 1923, under successive waqf legislations, it said. Waqf Registration is not a new requirement; the amendments are only regulatory, and it won't affect religious rights, the government asserted.

“There is a clear and mandatory legislative regime that ensures registration of all waqfs — a norm continuing for over a century,” the government stated.

Dismissing objections over the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, the Centre said these bodies are secular in nature and do not administer religious practices. Their role is regulatory and advisory, it emphasized.

“The maximum possible number of non-Muslims in the Central Council is four out of 22 members, and three out of 11 in State Boards. Muslims will remain a majority,” the affidavit stated.

The Centre also rebutted comparisons with Hindu Religious Endowment Boards, asserting that Waqf properties often overlap with public and even non-Muslim lands, making diverse representation necessary to uphold a constitutional balance.

Justifying provisions allowing government officers to determine whether waqf claims involve encroachments on public land, the Centre cited documented misuse, including claims over collector’s offices, government schools, and ASI-protected sites, made without valid documents.

“Waqf boards have, in many cases, claimed title over public utilities and heritage sites without proper adjudication or evidence,” the affidavit said.

Regarding the new provision under Section 2A, which allows Muslim individuals to create secular trusts, the Centre said this merely clarifies existing jurisprudence and empowers individuals to opt for a general trust law framework.

“It does not override judicial decisions but affirms the legal position upheld repeatedly by the Supreme Court,” it added.

The government urged the Supreme Court not to pass an interim stay on the Act’s provisions, invoking the legal presumption of constitutionality for all laws enacted by Parliament.

The affidavit also included voluminous documentation, such as reports of the Joint Parliamentary Committee, and extensive data on waqf land holdings, arguing that the 2025 amendments were a result of thorough consultation and review.

The next hearing is on May 5.

In an earlier hearing, the Centre had voluntarily agreed to suspend certain contentious provisions, assuring that registered waqf lands, including those claimed by users, would not be impacted.