THE JHARKHAND STORY DESK
New Delhi, April 25: The Central Government on Friday filed a counter-affidavit in the Supreme Court defending the Waqf (Amendment) Act, 2025, in response to petitions challenging its validity.
The Ministry of Minority Affairs, representing the Centre, submitted that the Waqf Act does not infringe upon any constitutional rights. Dismissing all allegations raised in the petitions, the government urged the court to allow a full hearing before issuing any interim orders or restrictions on the implementation of the law.
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Recognition Based on Registration, Not Oral Claims
The affidavit clarified that Waqf by user has been recognized only through formal registration for the last 100 years, and not on the basis of oral declarations. The Centre emphasized that this legal framework has been consistent and does not violate secular principles.
Waqf a Statutory, Not Religious Body
Significantly, the government stated that Waqf is not a religious institution for Muslims but a statutory body governed by secular rules. It further added that the role of a mutawalli (caretaker) is administrative and secular under the Waqf Amendment Act, not religious in nature.
The affidavit also rejected comparisons between Waqf and the management of Hindu religious institutions, calling such analogies baseless.
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Legislative Backing and Stakeholder Consultations
Highlighting the democratic process behind the law, the Centre informed the court that the Waqf Act was passed by a majority in Parliament and reflects the sentiments of elected representatives. Prior to its passage, a Joint Parliamentary Committee held 36 meetings to review the proposed legislation.
The committee also received over 97 lakh suggestions and memorandums from stakeholders and visited ten major cities to collect public feedback before finalizing its report.
