Waqf law valid, lawful exercise of legislative power: Centre tell SC, files affidavit to junk pleas against legislation
The Centre has filed an affidavit before the Supreme Court urging the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. On Friday, the Centre also asserted that the law is a valid and lawful exercise of legislative power.
Responding to a batch of petitions currently being heard by the apex court, the Centre argued that there exists a presumption of constitutionality in favour of laws enacted by Parliament. It further stated that while the Supreme Court has the power to review legislation under Article 32, such scrutiny must be confined to questions of legislative competence and violation of fundamental rights.
The affidavit emphasized that the amendments to the Waqf Act were brought about after a comprehensive, in-depth, and analytical study conducted by a Parliamentary panel.
The government also highlighted what it termed as misuse of waqf provisions over time, noting that there have been instances of encroachment on both private and government properties under the guise of waqf claims. Citing historical data, the Centre informed the court that a total of 18,29,163.896 acres of waqf land had been created from the pre-Mughal period to the post-Independence era. However, in a startling contrast, an additional 20,92,072.536 acres were added as waqf properties after 2013 alone.
Criticising the petitioners, the Centre said that their challenge to the Act seeks to replace a legislative regime enacted by the legislature, which is 'impermissible.' It further cautioned against a blanket stay on the law without fully understanding the potential adverse consequences, especially when the law carries a presumption of validity.
Describing the challenge as being 'against the basic tenets of judicial review,' the Centre concluded that the Waqf (Amendment) Act, 2025 must be upheld as a constitutionally sound piece of legislation.
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