Centre seeks dismissal of petitions in Supreme Court challenging constitutional validity of ‘Waqf Act’

The central authorities filed its preliminary affidavit in the Supreme Court and seeks dismissal of petitions challenging constitutional validity of Waqf (Modification) Act, 2025. The Centre opposes a keep on any provisions of the Act, saying that it’s a settled place in regulation that constitutional courts wouldn’t keep a statutory provision, both straight or not directly, and can resolve the matter lastly.

The Centre sought the Supreme Court to dismiss the pleas challenging validity of the Waqf (Modification) Act, 2025 and mentioned there can’t be a “blanket keep” on the regulation as there was a “presumption of its constitutionality”. In a 1,332-page preliminary counter affidavit, the federal government defended the contentious regulation saying that “shockingly” after 2013, there have been an addition of over 20 lakh hectare (exactly 20,92,072.536) in waqf land.

“Proper earlier than even Mughal period, pre-independence period and post-independence period, the overall of waqfs created was 18,29,163.896 acres of land in India,” the affidavit mentioned. It claimed “reported misuse” of earlier provisions to encroach upon personal and authorities properties.

Who filed the affidavit in SC? 

The affidavit was filed by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs. “Settled place in regulation that constitutional courts wouldn’t keep a statutory provision, both straight or not directly, and can resolve the matter lastly. There’s a presumption of constitutionality that applies to legal guidelines made by Parliament,” it added.

The Centre went on, “Whereas this court docket would study these challenges when the circumstances are heard, a blanket keep (or a partial keep) with out being conscious of the hostile penalties of such an order in a generality of circumstances (even on members of the Muslim group itself) have been the petitions to be unsuccessful would, it’s submitted, be uncalled for, particularly in the context of the presumption of validity of such legal guidelines.”

The affidavit mentioned the pleas challenging the Act proceeded on false premise that amendments take away elementary rights of spiritual freedom. It mentioned the court docket can evaluate a regulation on the grounds of legislative competence and violation of elementary rights below Article 32 of the Structure. The federal government mentioned the amendments have been undertaken after a really complete, in-depth and analytical examine by a parliamentary panel having members from main political events .

“Parliament has acted inside its area to make sure that spiritual endowments like waqf are managed in a way that upholds the belief reposed in them by the devoted and the society at giant, with out trespassing on spiritual autonomy,” it mentioned. The regulation, the Centre mentioned, was legitimate and outcome of a lawful train of legislative energy.

The affidavit mentioned changing legislative regime, enacted by the legislature, was impermissible. On April 17, the Centre had assured the highest court docket that it might neither denotify waqf properties, together with “waqf by consumer”, nor make any appointments to the central waqf council and boards until Could 5. A bench headed by Chief Justice Sanjiv Khanna is slated to listen to the matter on Could 5 on passing of interim orders.