Waqf row: Can't stay law made by Parliament when validity presumed, Centre tells SC

Centre defends Waqf (Amendment) Act, 2025 in Supreme Court, arguing against blanket stay, citing presumption of constitutionality.

The Centre on Friday (April 25, 2025) 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.