'Waqf Law Valid, Lawful Exercise Of Legislative Power', Centre Tells SC; Seeks Dismissal Of Anti-Waqf Pleas

Amid the ongoing nationwide row over the passing of the contentious Waqf (Amendment) Bill, 2025 in Lok Sabha and Rajya Sabha, the Centre on Friday filed an affidavit in the Supreme Court seeking dismissal of pleas questioning the constitutional validity of the bill.

The Supreme Court on April 17 ordered the Centre to file its response within seven days in the challenge to Waqf (Amendment) Act, 2025 after it was assured by the union government that 'waqf by user' or 'waqf by deed' properties won't be denotified till the next hearing. The next hearing will be held on May 5, 2025.

What All Did The Centre Say?

While urging the top court to dismiss the anti-Waqf pleas, the Centre described the challenging petitions as a move “against the basic tenets of judicial review,” the Centre concluded that the Waqf (Amendment) Act, 2025 must be upheld as a constitutionally sound piece of legislation.

It stated that there have been misuse of provisions to encroach private and government properties. Giving numbers, the court said, right before even Mughal era, pre-independence era, post-independence era, total of waqfs created was 18,29,163.896 acre and after 2013, the addition of waqf land is 20,92,072.536 acre.

The Centre also reportedly said the apex court can review a law on grounds of legislative competence and violation of fundamental rights under Article 32.

Supreme Court Hearing Day 2 Order | Top Points

During the hearing on April 16, the court flagged three major concerns:

Validity of Waqf by User Properties: Properties previously declared as waqf through court decrees may now be rendered void under the new amendments.

Waqf Council Composition: The inclusion of non-Muslims as majority members in the Central Waqf Council was questioned.

Disputed Waqf Properties: The court raised concerns over ongoing inquiries by district collectors into disputed waqf properties, and the legal implications of declaring such properties as non-waqf.

Supreme Court Hearing Day 2 Order | Top Points

• A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan recorded the assurance of solicitor general Tushar Mehta, representing the Centre, that no appointments in the central Waqf council and boards will be made in the meantime.

• Mehta said the government won't denotify "waqf by deed" and "waqf by user" properties till the next hearing.

• The CJI said if registration of any waqf property had taken place under the erstwhile 1995 Act, then those properties can't be denotified till the next hearing on May 5.

• The bench passed the order after Mehta sought a weeks' time to file a preliminary response to the pleas against the newly-amended waqf law.

• "If your lordships will say something about 'waqf by user', what will be the fallout?" he asked.

• The bench, on the other hand, said it was impossible to deal with a number of pleas on the issue and clarified it would only hear five of them while asking lawyers to decide among themselves who would argue.

• Union and states and waqf boards shall file replies within 7 days.

• The petitioners, the bench said, could file their rejoinders to the Centre's reply within five days of the service of the government's response.