New Delhi: The Centre, while urging the Supreme Court to dismiss pleas challenging constitutional validity of the Waqf (Amendment) Act, 2025, defended the law and said it was valid and result of a lawful exercise of legislative power and there cannot be a blanket stay on the legislation as there was a presumption of its constitutionality.
The Centre, in its counter-affidavit filed before the top court in response to a batch of petitions against the law, said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly.
There is a presumption of constitutionality that applies to laws made by Parliament: Centre
“Settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally. There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay is against the principle of balance of powers,” the Centre has said.
“While this court would examine these challenges when the cases are heard, a blanket stay (or a partial stay) without being aware of the adverse consequences of such an order in a generality of cases (even on members of the Muslim community itself) were the petitions to be unsuccessful would, it is submitted, be uncalled for, especially in the context of the presumption of validity of such laws,” the Centre added.
Petitions challenging the amendments proceeded on false premise: Centre
The affidavit has said that the petitions challenging the amendments, which was undertaken after a very comprehensive, in-depth and analytical study by a parliamentary panel, proceeded on false premise that amendments take away fundamental rights of religious freedom.
The Centre has said that Parliament has acted within its domain to ensure that religious endowments like waqf are managed in a manner that upholds the trust reposed in them by the faithful and the society at large, without trespassing on religious autonomy and that replacing legislative regime, enacted by the legislature, was impermissible.
The Centre has said that the Supreme Court undoubtedly has the power to examine the constitutionality of the law, the grant of an injunction against operation of any provision at this interim stage would be violative of the delicate balance of power between the different branches of the State.
There have been reported misuse of waqf provisions to encroach private, government properties: Centre
The Centre has further said that there have been reported misuse of waqf provisions to encroach private properties and the government properties and that after the amendment brought in the year 2013, there were an addition of over 20 lakh hectare in waqf land.
“It is submitted that there have been reported misuse of waqf provisions to encroach private properties and the government properties. It is really shocking to know that after the amendment brought in the year 2013, there is 116% rise in waqf area. It is submitted that right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India. Shockingly after 2013, the addition of waqf land is 20,92,072.536 acres”, the Centre said.
Apex court would hear the matter on May 5
A bench headed by Chief Justice of India (CJI) Sanjiv Khanna, during the last hearing, recorded the submissions of the Centre, which strongly opposed passing of an interim order without hearing it, that waqf properties, including “waqf by user”, will not be denotified and no appointments will be made to the central waqf council and boards till May 5, the next date of hearing.
