The Centre on Tuesday defended the Waqf (Amendment) Act, 2025 in the Supreme Court, saying Waqf by its very nature is a “secular concept” and can’t be stayed given “presumption of constitutionality” in its favour.
The Centre, in its written note submitted through Solicitor General Tushar Mehta before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih, addressed the issues the court had previously raised and said the law only sought to regulate secular aspects of Waqf administration while safeguarding religious freedoms. He said there was no “grave national urgency” calling for its stay.
“It is a 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 note said.
The Centre said three issues, which were to be dealt by the bench for interim directions, was Section 3(r) which prospectively removes recognition of ‘waqf by user’, and Section 3C which introduced special provisions excluding government property from being declared as waqf. It said the third issue was with regard to the composition of the Central Waqf Council and state waqf boards, allowing limited non-Muslim representation.
Opposing the plea for the stay, it said, “Contrary to the submissions of the petitioners, no grave national urgency arises which warrants a stay of the enactment.” The petitions confuse the creation of waqf and property regulation associated with Waqf, with religious rights under Articles 25 and 26 (freedom to practice and propagate religion) under the Constitution, it said. “It may be noted that Waqf, by its very nature, is a secular concept. This is so since waqf merely means dedication of property,” it said.
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