The central government filed its preliminary affidavit in the Supreme Court on Friday, seeking the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The 1,332-page affidavit submitted claimed that the total area of waqf land created from both the pre-independence and post-independence eras in India was 18,29,163.896 acres.
“Right before even the Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India,” the affidavit said.
The affidavit was filed to the Apex court by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs.
“Settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally. There is a presumption of constitutionality that applies to laws made by Parliament,” the government said in the affidavit quoted by PTI.
The Centre went on, “While this court would examine these challenges when the cases are heard, a blanket stay (or a partial stay) without being aware of the adverse consequences of such an order in a generality of cases (even on members of the Muslim community itself) were the petitions to be unsuccessful would, it is submitted, be uncalled for, especially in the context of the presumption of validity of such laws.”
The affidavit stated that the petitions challenging the Act were based on the false premise that the amendments infringe upon fundamental rights to religious freedom.
The Centre stated that the law was valid and a result of the proper exercise of legislative power. The affidavit also argued that replacing the legislative regime enacted by the legislature was impermissible.
The government argued that for over a century, waqf by user has been recognized only through proper registration, not merely by word of mouth, making the amendment consistent with long-standing practices.
It also clarified that the Waqf Council and Auqaf Boards would include a maximum of two non-Muslim members among the 22, promoting inclusivity.
Furthermore, the government stressed the importance of rectifying revenue records to address cases where government land has been incorrectly identified as waqf property.
On April 17, the Centre had assured the top court that it would neither denotify waqf properties, including “waqf by user”, nor make any appointments to the central waqf council and boards till May 5.
(With, PTI, IANS inputs)
Stay informed on all the , real-time updates, and follow all the important headlines in and on Zee News.
