Centre Defends Waqf (Amendment) Act, 2025 in Supreme Court; Flags Large-Scale Land Misuse and Asserts Constitutionality

In a strongly worded affidavit filed before the Supreme Court, the Central Government has sought the outright dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Centre argued that the amended law stands on solid legal and constitutional ground and is a “valid and lawful exercise of legislative power.”

The affidavit, submitted in response to a batch of petitions currently under the apex court’s scrutiny, reaffirms the Centre’s position that all laws enacted by Parliament carry a presumption of constitutionality. While acknowledging the Supreme Court’s authority to conduct judicial review under Article 32, the Centre reminded the bench that such scrutiny must be limited strictly to legislative competence and violations of fundamental rights. It warned against judicial overreach into legislative functions.

According to the government, the amendments made to the Waqf Act in 2025 followed a “comprehensive, in-depth, and analytical study conducted by a Parliamentary panel.” The affidavit highlighted that the new provisions were not arbitrary or rushed but the result of meticulous evaluation, aimed at addressing persistent and alarming irregularities in the administration of waqf properties.

Massive Surge in Waqf Land After 2013

One of the key arguments made by the Centre relates to the unprecedented and questionable expansion of waqf properties in recent years. The affidavit notes that from the pre-Mughal period to the post-Independence era, a total of 18,29,163.896 acres of land had been declared as waqf. However, an additional 20,92,072.536 acres were added as waqf properties after the year 2013 alone — a figure that surpasses all previous waqf land accumulation over centuries.

The government pointed out that this dramatic surge raises serious concerns about the manner in which waqf claims have been handled in the recent past. It also brought attention to the misuse of waqf provisions, particularly the encroachment of private and government land through fraudulent or opaque waqf declarations.

Petitioners’ Challenge “Impermissible,” Says Centre

The Centre did not mince words in criticizing the petitioners who have challenged the new law. It said that their plea seeks to overturn a legislative regime enacted by the duly elected legislature, which is “impermissible” within the framework of India’s constitutional democracy.

The affidavit also warned against any blanket stay on the law, arguing that halting its implementation without fully grasping the far-reaching and adverse consequences would be ill-advised. The Centre reiterated that any law enacted by Parliament enjoys a presumption of validity, and therefore, a premature suspension of the Waqf (Amendment) Act, 2025, would amount to undermining that very constitutional presumption.

In its concluding remarks, the Centre categorically stated that the legal challenge mounted against the Waqf (Amendment) Act is “against the basic tenets of judicial review.” It urged the Supreme Court to respect the separation of powers and allow the democratically enacted legislation to function as intended.

The Centre firmly asserted that the Waqf (Amendment) Act, 2025, is a constitutionally sound, necessary, and corrective piece of legislation — designed not only to plug legal loopholes but also to curb what it described as the long-standing misuse of waqf laws for unauthorized land appropriation.

The matter continues to be heard by the apex court.