The Central government on Friday told the Supreme Court that the Waqf (Amendment) Act 2025, limits itself to secular dimensions of the Waqf – like record management, procedural reforms, and administrative structure – and does not infringe upon the religious freedoms – ritual, prayer, or fundamental Islamic obligations- guaranteed under Article 25 and 26 of the constitution of India.

Asserting that the Waqf (Amendment) Act 2025, does not interfere with the essential religious practices of the Muslims, the Central government has said, “It is submitted that therefore the Act, by confining itself to non-essential practices, steers well clear of infringing the religious freedoms guaranteed by the Constitution.”

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On the Waqf by users and the presence of non-Muslims on the Waqf Council and the Waqf Board, the Centre has said that for the last 100 years waqf by user is recognised only upon registration and there will be maximum of 3 to 4 non-Muslims among 22 members in the Waqf Council and Waqf Boards, a measure that is representative of inclusiveness and not intrusive of the administration of Waqfs.

“Importantly, the creation, management, regulation and maintenance of waqf – which is the primary responsibility of the State Boards, often involves dealing with non-Muslim communities and affects their rights, particularly their right to property. In such a scenario, having an inclusive panel with merely three members [out of 11 in Waqf Boards] as non-Muslims and an overwhelming majority of members from the Muslim community, balances the constitutional equities on both sides. The same arguments hold good for the advisory body of Waqf Council”, says the Centre in its reply affidavit.

On the composition of Waqf Council and Waqf Boards with inclusion of non-Muslim members in numerical minority, the affidavit says “As pointed out … in Waqf Council, there is a possibility of maximum 04 non-Muslims out of 22. In Waqf Boards of each State, there is a possibility of maximum 03 members who can be non-Muslims [if the ex officio member happens to be a non-Muslim] out of 11 members.”

Stating that there are several examples which would show how the ‘waqf by user’ and the power “declaring any land as waqf suo motu by waqf board” has proved to be a safe haven of encroachment of government properties and private properties, the Centre has said that a government land and the private land cannot be the subject matter of waqf.

It further says that so far as the government land/property is concerned, a new provision has been inserted being Section 3C, providing for a detailed procedure if any government property is either identified or declared as waqf property before or after the commencement of the amendment of 2025

“The Waqf Act, 1995 conferred a recognition of waqfs as a valid statutory dedication of property and that remains unchanged continuing to protect the religious rights of a Muslim individual or a community in general. The secular provisions of proving such a dedication, and the management of such properties including preventing their waste or misuse are permissible under the constitutional framework,” the affidavit stated.

The Central government has said this in its 1330-page reply – to a batch of nearly 100 petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025. The 1330 pages include 157 page preliminary counter affidavit on behalf of the Union of India, eight annexures containing data showing a remarkable increase in properties governed by the Waqf Boards post 2013, The Report of the Joint Committee on Waqf (Amendment) Bill, 2024, Mussalman Wakf Act, 1923, The Wakf Act, 1954 , The Wakf[Amendment] Act, 1984, The Wakf Act, 1995 [As originally enacted], The Wakf [Amendment] Act, 2013 and the Waqf [Amendment] Act, 2025 .

The reply affidavit has been filed by Shersha C Shaik Mohiddin – a Joint Secretary, Union Ministry of Minority Affairs.

The affidavit further states that the amendment also furthers the principle of equality under Article 14, by ensuring that Muslims, like members of other religious communities, have the equal right to choose whether to bring their charitable acts under general/secular trust law or under a religious statute.

Urging the top court to dismiss the petitions challenging the Waqf (Amendment) Act, 2025, the Centre has said that when the Legislature has acted and enacted a law, which is to be presumed to be constitutional, replacing the regime so established would be impermissible.

Stating that the petitioners have not been able to make out any case for interim relief and the prayers of the petitioners in that regard deserve to be rejected, the centre in its affidavit has said, “Any order in the nature of one sought by the Petitioners, would amount to a stay of the Amendment Act, validly passed by the Parliament at an interim state, which is an exercise impermissible within the confines of judicial review envisaged under the Constitution.”