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The Central Government has filed a preliminary affidavit before the Supreme Court of India urging the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The affidavit asserts that the new law does not infringe upon any fundamental rights or religious freedoms protected under Articles 25 and 26 of the Indian Constitution.
In its affidavit, the Centre clarified that the amendments are limited to the secular domain, focusing on the regulation, management, and administration of Waqf properties. It argued that these changes are aimed at improving governance, transparency, and accountability within Waqf Boards, and do not interfere with religious practices.
The government reiterated that the Waqf-by-user clause remains protected, provided it is registered by April 8, 2025. There is no mandatory requirement for documentary proof or trust deeds to establish such Waqfs—registration alone is sufficient. Non-registered Waqf-by-user properties will not enjoy statutory protection under the amendment.
The Centre dismissed what it termed as a “deliberate and misleading narrative” propagated by certain quarters that non-documented Waqfs will be invalidated. It said that such claims are false, purposefully misleading, and an attempt to create unnecessary panic.
The affidavit emphasized that non-registration has always been punishable under the Waqf law, and those who failed to comply over decades cannot now demand blanket protection.
The government also defended the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, stating that their presence will be minimal and non-intrusive. It clarified that even in a maximum scenario, only 4 out of 22 members in the Central Council and 3 out of 11 in state Boards could be non-Muslims, assuming all ex-officio nominees belong to other communities.
Thus, the amendment does not dilute Muslim representation or religious autonomy in Waqf institutions.
The Centre reiterated that the Waqf Act and its amendments deal exclusively with secular matters—including registration, administration, audits, and effective management of properties. It does not impinge on the religious or spiritual elements of Islamic endowments.
It further noted that the concept of Waqf is distinct from places of worship, and is more aligned with charitable, institutional administration than individual religious practice.
The Centre's affidavit comes in response to a batch of petitions challenging the Waqf (Amendment) Act, 2025, on grounds that it discriminates against the Muslim community and infringes upon their fundamental rights.
The Supreme Court has not yet stayed any provision, although it had earlier indicated that it may consider a temporary hold on certain controversial clauses. The Solicitor General assured the Court that key provisions—such as the inclusion of non-Muslims in Waqf bodies and the de-notification of properties—will not be enforced until further orders.
The Waqf (Amendment) Bill, 2025 received the assent of President Droupadi Murmu on April 5 after being passed in Parliament with heated debates in both Lok Sabha and Rajya Sabha. The amendments are part of broader efforts to streamline governance of religious endowments and address loopholes in property management, which have historically led to litigation and misuse.
The Centre’s affidavit aims to reinforce confidence in the constitutional soundness of the Waqf (Amendment) Act, positioning it as a governance reform tool rather than a religious or communal issue. As the matter awaits a detailed hearing, the Supreme Court’s verdict will hold significant implications for minority rights, religious freedoms, and the future of Waqf property administration in India.
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