​The Union Government has filed a preliminary affidavit in the Supreme Court defending the Waqf (Amendment) Act, 2025, asserting that the legislation is a valid exercise of legislative power and does not infringe upon the religious freedoms guaranteed under Articles 25 and 26 of the Constitution. The Centre emphasized that the amendments pertain solely to the secular aspects of waqf management, such as record-keeping, procedural reforms, and administrative structure, and do not interfere with religious practices or obligations.

The government clarified that the requirement for waqf properties to be registered is not new; it has been a statutory requirement for over a century. The amendment merely mandates that waqf properties, including those established by user (waqf-by-user), be registered by April 8, 2025, to ensure their protection under the Act.

The Centre also addressed concerns regarding the composition of the Waqf Council and State Waqf Boards, stating that a maximum of two non-Muslim members may be included among the 22 members, which it argued is inclusive rather than intrusive. The government assured the Supreme Court that no waqf properties, whether registered or declared by notification, including waqf-by-user, will be denotified until the next hearing on May 5, 2025.

The Kerala State Waqf Board has filed a counter affidavit opposing the amendments, describing the law as unconstitutional and discriminatory. The Board raised concerns about the autonomy of religious institutions and the inclusion of non-Muslim members in waqf bodies, arguing that it violates Article 26 of the Constitution.

The Supreme Court has assured protection for waqf properties and no non-Muslim appointments to the Waqf Council until the next hearing on May 5, 2025.

Sources