The Union government on Friday defended the Waqf Amendment Act before the Supreme Court, arguing that the law does not violate any fundamental rights guaranteed under the Constitution. In an affidavit filed by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs, the Centre opposed petitions challenging the law’s constitutional validity.
The Centre explained that the amendments to the Waqf Act were meant to regulate the secular aspects of waqf property management and did not interfere with religious freedoms under Articles 25 and 26 of the Constitution. The law falls within the government’s regulatory powers, it argued.
A waqf, under Islamic law, is an endowment for religious, educational, or charitable purposes, and each state has a waqf board responsible for managing waqf properties. The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act. The bill, which Parliament cleared on April 4, includes provisions such as allowing non-Muslims on waqf boards, limiting property donations, and revising waqf tribunal procedures. The bill received presidential assent on April 5 and came into effect on April 8.
The Congress and the All India Majlis-e-Ittehadul Muslimeen have challenged the constitutionality of the bill in the Supreme Court. In its affidavit, the Centre emphasized that the recognition of waqfs as “valid statutory dedications of property” under the 1995 Waqf Act remained unchanged. The Centre stressed that the new law only regulates secular aspects such as record management, procedural reforms, and administrative structure, not matters of religious ritual or fundamental Islamic obligations.
The government argued that the amendments steer clear of infringing on religious freedoms and should not be subject to any “blanket stay.” The Union government also highlighted the misuse of waqf land, with over 20 lakh hectares of land marked as waqf since 2013, including instances where waqf boards encroached upon private and government land.
Regarding the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, the Centre argued that these bodies exercise secular functions and that non-Muslim members would not impact the religious rights of Muslims. It also clarified that the maximum number of non-Muslim members would be limited to four out of 22 for the council and three out of 11 for boards.
On the provision allowing a government officer to decide if waqf land has encroached upon government land, the Centre presented examples of waqf boards claiming ownership of government land, public utilities, and protected monuments without proper documentation.
The Centre urged the Supreme Court not to issue any interim order, citing legal precedents that bar courts from staying legislation at the initial stage. The amendments, it said, were passed after thorough analysis by a Joint Parliamentary Committee with representatives from major political parties.
The Supreme Court is set to hear the case on May 5. The Centre had previously assured the court on April 17 that it would not denotify waqf properties or make new appointments to the Waqf Boards until the matter is heard.
