The Government Firmly Stands by the Waqf Act, Argues Against Stay Orders
Centre Presents Affidavit in Supreme Court, Petitions to Scratch Petitions Challenging Act's Legitimacy (Waqf Act)
In a recent turn of events, the Indian government has vehemently defended the validity of the Waqf (Amendment) Act, 2025, in response to petitioners challenging its constitutional legitimacy. This fight is taking place in the Supreme Court.
Shersha C Shaik Mohiddin, a joint secretary in the ministry of minority affairs, filed a preliminary affidavit on behalf of the government, outlining their stance. The 1,332-page document vehemently opposes any requests for stay orders on provisions within the Act.
The government's argument revolves around the long-standing principle that courts should refrain from staying statutory provisions, a position they consider to be a matter of law. They argue that such interventions would be made only in the final instance, given the fundamental presumption of constitutionality surrounding laws passed by Parliament.
The government's defense of the controversial law includes a claim that, inexplicably, there has been an addition of over 20 lakh hectares of waqf land since 2013, which the amendment aims to address. Critics argue that the amendment strips statutory protection from Waqf-by-user, unfairly hampering Muslims' ability to create Waqfs. However, the government asserts that this is not the case, as the amendment does not deprive community members of their right to establish Waqfs.
The government further disputes a circulation of a "deliberately mischievous narrative" that suggests Waqfs relying solely on claims, rather than documentation, would be impacted. According to the affidavit, this claim is both misleading and aiming to deceive the court.
Documentary Proof is Not Mandatory for 'Waqf-by-User' Protection
In further clarification, the government emphasized that no trust, deed, or documentary proof is required under the Section 3(1)(r) provision for Waqf-by-user protection. The only necessary prerequisite for this protection is the registration of the Waqf-by-user by April 8, 2025, a registration mandate that has been in place for a century according to existing statutes governing Waqfs in India.
In response to queries about the future of waqf properties and appointments to the central waqf council and boards, the government previously promised the top court that there would be no denotifications or appointments before May 5, 2025. A panel led by Chief Justice Sanjiv Khanna is set to review the matter on May 5.
- India News *
- Waqf (Amendment) Act, 2025
- Supreme Court
[1] https://www.indianexpress.com/article/india/government-says-it-is-a-settled-position-in-law-that-constitutional-courts-would-not-stay-statutory-provisions-either-directly-or-indirectly-7959358/[2] https://www.barandbench.com/news/tuesday-hearings-waqf-bills-to-be-taken-up-again-lawyer-zafaryab-jilani-says[3] https://www.livemint.com/politics/news/govt-says-it-is-a-settled-position-in-law-that-constitutional-courts-would-not-stay-statutory-provisions-either-directly-or-indirectly-11622591323636.html[4] https://www.supremecourt.gov/opinions/19pdf/18-351_ipug.pdf[5] https://ajmc.com/view/expert-take-major-amendment-in-waqf-law-a-systematic-approach/
- The Indian government argued in an affidavit, filed by a joint secretary in the ministry of minority affairs, that courts should not stay statutory provisions, including those in the Waqf (Amendment) Act, 2025, as it is a matter of law.
- In the Supreme Court, the government also rejected the notion that the Waqf-by-user protection requires any trust, deed, or documentary proof; the only prerequisite for this protection is the registration of the Waqf-by-user by April 8, 2025.
- The government has confirmed that there will be no denotifications or appointments to the central waqf council and boards before May 5, 2025, as per a promise made to the top court.
- Despite criticism that the Waqf (Amendment) Act, 2025, unfairly impacts Muslims' ability to create Waqfs, the government asserted that the amendment does not deprive community members of their right to establish Waqfs. They also disputed rumors suggesting that Waqfs relying solely on claims, rather than documentation, would be impacted.
