Waqf row: Can't stay law made by Parliament when validity presumed, Centre tells SC
New Delhi (PTI): The Centre on Friday sought the Supreme Court to dismiss the pleas challenging validity of the Waqf (Amendment) Act, 2025 and said there cannot be a "blanket stay" on the law as there was a "presumption of its constitutionality".
In a 1,332-page preliminary counter affidavit, the government defended the contentious law saying that "shockingly" after 2013, there were an addition of over 20 lakh hectare (precisely 20,92,072.536) in waqf land.
"Right before even 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.
It claimed "reported misuse" of earlier provisions to encroach upon private and government properties.
The affidavit was filed 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," it added.
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 said the pleas challenging the Act proceeded on false premise that amendments take away fundamental rights of religious freedom.
It said the court can review a law on the grounds of legislative competence and violation of fundamental rights under Article 32 of the Constitution.
The government said the amendments were undertaken after a very comprehensive, in-depth and analytical study by a parliamentary panel having members from major political parties .
"Parliament has acted within its domain to ensure that religious endowments like waqf are managed in a manner that upholds the trust reposed in them by the faithful and the society at large, without trespassing on religious autonomy," it said.
The law, the Centre said, was valid and result of a lawful exercise of legislative power.
The affidavit said replacing legislative regime, enacted by the legislature, was impermissible.
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.
A bench headed by Chief Justice Sanjiv Khanna is slated to hear the matter on May 5 on passing of interim orders.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
LIVE | Election Results of five states 2026
New Delhi: The countdown has begun for the counting of votes for the Assembly elections in five states that have captured the attention of people across the country.
The counting of votes for the Assembly constituencies of West Bengal, Tamil Nadu, Kerala, Assam and the Union Territory of Puducherry will begin simultaneously at 8 am, and the fate of candidates in a total of 824 constituencies will be decided shortly.
The counting of postal ballots will take place first, followed by the counting of EVM votes in several rounds.
► DMK candidate in Thiruchirapalli KN Nehru behind TVK's G Ramamoorthi by 292 votes
► The BJP has taken an early lead in West Bengal, while Mamata Banerjee faces tough competition
► TVK head Vijay leads in Perambur constituency
► M. K. Stalin is leading in Tamil Nadu’s Kolathur constituency.
► AIADMK leader Edappadi K. Palaniswami is leading in Tamil Nadu’s Edappadi constituency
► In Puducherry, BJP is leading in 3 seats.
► In Assam, BJP is leading in 56 seats, while Congress is leading in 12 seats.
► Suvendhu Adhikari leads in both Bhabanipur and Nandigram
► West Bengal CM Mamata Banerjee faces setback in Bhabanipur constituency
► Bhupen Borah, who recently left Congress and joined the BJP, is leading in Assam’s Bihpuria constituency
► Assam CM Himanta Biswa Sarma is leading in Jalukabari constituency
► BJP leader Suvendu Adhikari is leading in West Bengal’s Nandigram constituencyFive-state elections: Postal vote counting begins
► TMC, BJP lead in one seat each in West Bengal
► In Tamil Nadu, DMK leads in 3 constituencies, while TVK leads in 1
► UDF leads in 5 seats in Kerala, BJP in 1, LDF in 1
► BJP leads in 2 seats, AIUDF in 1 in Assam
► AINRC leads in 1 constituency in Puducherry
► TMC leads in 5 seats in West Bengal; Mamata Banerjee’s party maintains initial lead
► Tamil Nadu Chief Minister M.K. Stalin leads in Kolathur
► BJP takes early lead in Assam
► Congress-led UDF leads in Kerala
► Tamil Nadu, TVK chief Vijay leads in the Perambur constituency, lags in Tiruchirappalli South
► BJP leads in 10 seats in Assam
► LDF candidate V.P.P. Mustafa leads in the Thrikkaripur Assembly constituency
► Out of 294 seats in West Bengal, BJP is leading in 14 seats, TMC in 12 seats, Congress in 2 seats
► Out of 234 seats in Tamil Nadu, DMK is leading in 15 seats, AIADMK is leading in 5 seats, TVK is leading in 2 seats
► Out of 126 seats in Assam, BJP is leading in 31 seats, Congress in 4 seats, AIUDF in 2 seats.
► Out of 30 seats in Puducherry, NRC+ is leading in 3 seats, Congress in 2 seats, TVK in 1 seat.
► Congress’ Adhir Ranjan Chowdhury suffers a setback in theBerhampore constituency in West Bengal.
