Last Updated:
The central government also sought the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025
Supreme Court of India | File Image
The Centre on Friday informed the Supreme Court that many Waqf properties are not limited to Muslims, as they also involve the rights and claims of other communities. It added that regulating these properties could have a public order aspect, given the wider implications of such disputes.
It comes after the central government submitted its response to the apex court regarding the hearing on the amended Waqf Act, opposing the stay on any provisions of the Act, including ‘Waqf-by-User’.
Centre asserted that the amendment to the Waqf Act upholds religious practices and brings judicial accountability. It further stated that the amendments uphold the Constitution, leaving the matter of faith and worship untouched.
“At the outset, it bears emphasis that taking away the statutory protection to a waqf by the 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,” said Centre in its written response to the top court.
During the hearing earlier this month, the Supreme Court noted that many ‘Waqf by User’ properties like mosques would date back to the 13th or 14th century and will not have any registered deeds.
The court recorded the government’s assurance that no Waqf properties — including “Waqf-by-user” properties already notified or registered — would be denotified and that District Collectors would not alter their status during this period.
After recording these assurances, the Supreme Court gave the Centre a week to file its preliminary response, with the next hearing on the Waqf Act petitions set for May 5.
“It is submitted that the concept of ‘waqf by the user was in vogue during the period where the writing or executing deeds for anything was a rare phenomenon,” the Centre added.
The central government also sought the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. It said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally.