Waqf Act amendments regulatory, don't affect matters of faith, govt tells SC
This story was originally published at 20:14 IST on 25 April 2025
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NEW DELHI – The government submitted in the Supreme Court Friday that the Waqf (Amendment) Act, 2025, respects the essential religious practices of Muslims and leaves matters of faith and worship untouched. It asserted that the amendments only regulate administrative aspects of management of waqf properties and urged the court not to issue an interim stay as sought by the petitioners.
In an affidavit of over 1,300 pages, the government argued that an interim stay on the Act would amount to judicial overreach. It said the Act stands firmly on constitutional ground and brings judicial accountability, transparency, and fairness to the management of waqfs. "Any order in the nature of one sought by the Petitioners would amount to a stay of the Amendment Act, which is an exercise impermissible within the confines of judicial review envisaged under the Constitution," the government said in the affidavit.
The government also argued that the "false narrative" being created that omission of the waqf-by-user provision in the Act will affect existing waqf property which lacks specific deeds. As per the provisions of the Act, there is no need to produce any document to receive recognition for existing ‘waqf-by-user' lands, it said. "The only requirement is that they must have been registered on Apr. 8, 2025 (the date of notification of the Act)," it said, adding that the registration of waqf lands is not a new condition. This provision has been in place since the enactment of the Muslim Wakf Act, 1923, it said.
On Apr. 17, the government had assured the Supreme Court that it would not enforce key provisions of the Waqf (Amendment) Act, 2025, regarding denotification of waqf property and waqf by user and inclusion of non-Muslims in the Central Waqf Council and state waqf boards, till May 5, the next date of hearing. On May 5, the court will deal with the aspect of granting a stay on contentious provisions of the legislation.
The apex court is hearing a series of petitions filed by several opposition leaders and political parties challenging the Waqf (Amendment) Act, which revises the legal framework governing the administration of waqf properties across the country. The petitioners have argued that the amended law discriminates against Muslims and infringes upon their fundamental rights. They have also contested the move to mandate the inclusion of non-Muslims in the Central Waqf Council, state waqf boards, and waqf tribunals, saying this amounts to unwarranted interference in the religious affairs of the Muslim community. No such provision applies to religious endowments of other communities. End
Reported by Kuldeep Singh
Edited by Rajeev Pai
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