The Union government has told the Supreme court that the Waqf (Amendment) Act, 2025, was brought in to curb the misuse of waqf provisions that were being misused to encroach private and government properties..In a written response to the petitions challenging the new law, the Centre said after the previous amendment to the Waqf Act in 2013, there was 116 percent rise in "auqaf area"."The increase in waqf properties by 116% itself called for a serious look at statutory architecture of the 1995 Act [specifically as amended by the 2013 amendments] that protected auqaf particularly in the face of serious complaints of land grabbing and encroachments on private lands, government lands, etc. received continuously by the elected representatives coming from all across the country who constitute the Parliament and make the statutory enactment representing the will of the people," the government said..Waqf by user.Defending the abolition of the concept of 'waqf by user', the Centre said despite there being a regime of mandatory registration for all kinds of waqf since 1923, individuals or organizations used to claim private lands and government lands as waqf "which not only lead to deprivation of valuable property rights of individual citizens but similarly unauthorized claims over public properties""Despite the existence of the concept of 'waqf by user', the requirement of registration or self-declarations before the Court were made mandatory in order to ensure that the regulatory provisions of the enactments achieve the intended objectives. It is submitted that therefore, there has been a clear and mandatory legislative regime, which has sought to enforce and implement registration requirements on all kinds of waqfs since at least 1923," the reply said.The Centre also said that the exclusion of "waqf by user" from the definition of waqf does not curtail the right to dedicate property to God but merely regulates the form of dedication in keeping with statutory requirements."Waqf by user does not deprive a person of the Muslim community to create a waqf. It impinges on the form by which such a dedication is to be made, which is the secular dimension of the dedication, and not the right of an individual to dedicate his or her property to God....the concept of 'waqf by user' was in vogue during the period where the writing or executing deeds for anything was a rare phenomenon," it said in the reply..Inclusion of non-Muslims.The government also responded to objections regarding the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards.The changes in the composition of the Central Waqf Council (which is only an advisory body) and the Waqf Board (which only supervises secular activities) do not impair the Muslim community’s rights under Article 26, it has stated.As per the reply,a. In case of Central Waqf Council [consisting of total 22 members], maximum of four members can be non-Muslims. If the ex-officio chairman i.e. Minister concerned and the Joint Secretary of the Government who is also ex-officio are Muslims, then only two members can be non-Muslims.b. In case of Waqf Board [consisting of total 11 members], maximum of three members can be non-Muslims. If the ex-officio Joint Secretary is a Muslim, then only two members can be non-Muslim.Stating that non-Muslim members are in a "microscopic minority" in the Council and Boards, the government has said their presence is meant to give inclusivity to the bodies."Since the secular aspects of waqf administrations may require dealing with issues concerning non-Muslims who are either beneficiaries, aggrieved parties or affected parties," the reply added.On the comparison between Hindu endowments and Waqf bodies, the government has said that a wide panel or collegial bodies of State Boards and National Council, "wherein the majority is still with Muslim members", cannot be compared to an individual post like that of the Charity Commissioner "who exercises equivalent powers over all Hindu religion’s institutions/Ashrams/Mutts/Temples, etc."Hindu endowments or other endowments and enactments regulating the same concern only the respective community with little to no interaction of the said endowments with members of other communities, the reply further stated.In contrast, the Centre has said that wide nature of waqf ensures that its creation, management, regulation and maintenance results in interactions with members of other communities apart from Muslims..Highlighting global trends in waqf management, the Centre said that allowing limited non-Muslim participation is aimed at modernising governance structures. “Since Muslims are located the world over and in the present economic world scenario where there is evolution even in waqf systems across the world, there is nothing arbitrary if the competent Legislature permits non-Muslims to participate for effective administration of waqfs and thereby modernize the way in which waqfs are governed in India to keep pace with waqfs in other part of the world. It is submitted that this would further enhance the object and purpose of the Waqfs Act itself.”.Secular nature of law.The government has also said that amendments introduced are directed solely at the secular and administrative aspects of waqf institutions – such as property management, record-keeping, and governance structures – without impinging upon any essential religious practices or tenets of the Islamic faith. "The Act squarely falls within the permissible regulatory power of the State under Article 26 (which allows legislation in matters of administration of religious property) and Article 25 (which allows regulation of secular activities associated with religion), while fully preserving the autonomy of religious practices protected by Articles 25(1) and 26(b)," the affidavit said.The regulations aimed at improving transparency, accountability, and efficiency in waqf administration do not touch upon any essential religious practice, as per the government. "It is submitted that the core religious aspect – dedication of property for charitable/religious use and the use of income for pious or welfare purposes – remains fully protected and unchanged; the Act does not alter the religious obligation or spiritual nature of waqf in any way, but only addresses the incidental secular mechanisms surrounding it.".The Centre’s affidavit was filed in response to a slew of petitions challenging the constitutional validity of the 2025 amendments, including those filed by MPs Asaduddin Owaisi and Mohammad Jawed, and other individuals and organisations.On April 17, the Central government told the top court that certain key provisions of the controversial law, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being..The affidavit filed by the Union has been settled by Solicitor General of India Tushar Mehta.
The Union government has told the Supreme court that the Waqf (Amendment) Act, 2025, was brought in to curb the misuse of waqf provisions that were being misused to encroach private and government properties..In a written response to the petitions challenging the new law, the Centre said after the previous amendment to the Waqf Act in 2013, there was 116 percent rise in "auqaf area"."The increase in waqf properties by 116% itself called for a serious look at statutory architecture of the 1995 Act [specifically as amended by the 2013 amendments] that protected auqaf particularly in the face of serious complaints of land grabbing and encroachments on private lands, government lands, etc. received continuously by the elected representatives coming from all across the country who constitute the Parliament and make the statutory enactment representing the will of the people," the government said..Waqf by user.Defending the abolition of the concept of 'waqf by user', the Centre said despite there being a regime of mandatory registration for all kinds of waqf since 1923, individuals or organizations used to claim private lands and government lands as waqf "which not only lead to deprivation of valuable property rights of individual citizens but similarly unauthorized claims over public properties""Despite the existence of the concept of 'waqf by user', the requirement of registration or self-declarations before the Court were made mandatory in order to ensure that the regulatory provisions of the enactments achieve the intended objectives. It is submitted that therefore, there has been a clear and mandatory legislative regime, which has sought to enforce and implement registration requirements on all kinds of waqfs since at least 1923," the reply said.The Centre also said that the exclusion of "waqf by user" from the definition of waqf does not curtail the right to dedicate property to God but merely regulates the form of dedication in keeping with statutory requirements."Waqf by user does not deprive a person of the Muslim community to create a waqf. It impinges on the form by which such a dedication is to be made, which is the secular dimension of the dedication, and not the right of an individual to dedicate his or her property to God....the concept of 'waqf by user' was in vogue during the period where the writing or executing deeds for anything was a rare phenomenon," it said in the reply..Inclusion of non-Muslims.The government also responded to objections regarding the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards.The changes in the composition of the Central Waqf Council (which is only an advisory body) and the Waqf Board (which only supervises secular activities) do not impair the Muslim community’s rights under Article 26, it has stated.As per the reply,a. In case of Central Waqf Council [consisting of total 22 members], maximum of four members can be non-Muslims. If the ex-officio chairman i.e. Minister concerned and the Joint Secretary of the Government who is also ex-officio are Muslims, then only two members can be non-Muslims.b. In case of Waqf Board [consisting of total 11 members], maximum of three members can be non-Muslims. If the ex-officio Joint Secretary is a Muslim, then only two members can be non-Muslim.Stating that non-Muslim members are in a "microscopic minority" in the Council and Boards, the government has said their presence is meant to give inclusivity to the bodies."Since the secular aspects of waqf administrations may require dealing with issues concerning non-Muslims who are either beneficiaries, aggrieved parties or affected parties," the reply added.On the comparison between Hindu endowments and Waqf bodies, the government has said that a wide panel or collegial bodies of State Boards and National Council, "wherein the majority is still with Muslim members", cannot be compared to an individual post like that of the Charity Commissioner "who exercises equivalent powers over all Hindu religion’s institutions/Ashrams/Mutts/Temples, etc."Hindu endowments or other endowments and enactments regulating the same concern only the respective community with little to no interaction of the said endowments with members of other communities, the reply further stated.In contrast, the Centre has said that wide nature of waqf ensures that its creation, management, regulation and maintenance results in interactions with members of other communities apart from Muslims..Highlighting global trends in waqf management, the Centre said that allowing limited non-Muslim participation is aimed at modernising governance structures. “Since Muslims are located the world over and in the present economic world scenario where there is evolution even in waqf systems across the world, there is nothing arbitrary if the competent Legislature permits non-Muslims to participate for effective administration of waqfs and thereby modernize the way in which waqfs are governed in India to keep pace with waqfs in other part of the world. It is submitted that this would further enhance the object and purpose of the Waqfs Act itself.”.Secular nature of law.The government has also said that amendments introduced are directed solely at the secular and administrative aspects of waqf institutions – such as property management, record-keeping, and governance structures – without impinging upon any essential religious practices or tenets of the Islamic faith. "The Act squarely falls within the permissible regulatory power of the State under Article 26 (which allows legislation in matters of administration of religious property) and Article 25 (which allows regulation of secular activities associated with religion), while fully preserving the autonomy of religious practices protected by Articles 25(1) and 26(b)," the affidavit said.The regulations aimed at improving transparency, accountability, and efficiency in waqf administration do not touch upon any essential religious practice, as per the government. "It is submitted that the core religious aspect – dedication of property for charitable/religious use and the use of income for pious or welfare purposes – remains fully protected and unchanged; the Act does not alter the religious obligation or spiritual nature of waqf in any way, but only addresses the incidental secular mechanisms surrounding it.".The Centre’s affidavit was filed in response to a slew of petitions challenging the constitutional validity of the 2025 amendments, including those filed by MPs Asaduddin Owaisi and Mohammad Jawed, and other individuals and organisations.On April 17, the Central government told the top court that certain key provisions of the controversial law, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being..The affidavit filed by the Union has been settled by Solicitor General of India Tushar Mehta.
