New Delhi : The Centre on Friday urged the Supreme Court to dismiss petitions challenging the Waqf (Amendment) Act, 2025, asserting that a blanket stay on a law passed by Parliament cannot be granted as there is a presumption of constitutionality attached to it, reported the Vartha Bharati.
In a detailed 1,332-page counter affidavit filed by Shersha C Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs, the government defended the amendments, noting a significant increase in Waqf land post-2013 — over 20.92 lakh hectares. The Centre also cited instances of alleged misuse of earlier provisions to encroach upon private and government properties.
It argued that constitutional courts traditionally refrain from staying statutory provisions unless found unconstitutional. The affidavit stated that the petitions are based on the false notion that the amendments infringe upon religious freedoms.
Highlighting that the amendments were made following a comprehensive study by a multi-party parliamentary panel, the government maintained that the law was a legitimate exercise of legislative power aimed at ensuring better management of religious endowments without interfering in religious autonomy.
The Supreme Court is scheduled to hear the matter on May 5. Meanwhile, the Centre assured it would not denotify Waqf properties or make appointments to the Waqf Council until then.
