Defending the Waqf Amendment Act before the Supreme Court, the Union government on Friday stated that the law does not violate the fundamental rights guaranteed under the Constitution, reported Live Law.

In a preliminary affidavit filed by Shersha C Shaik Mohiddin, the joint secretary in the Ministry of Minority Affairs, the Centre opposed petitions challenging the constitutional validity of the law.

It argued that the amendments were only brought to regulate the secular aspects of waqf property management and do not interfere with religious freedoms under Articles 25 and 26 of the Constitution. The law falls within the regulatory powers of the government, said the Centre.

A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.

The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function. The bill was cleared by Parliament on April 4. It received presidential assent on April 5 and took effect on April 8.

The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.

The affidavit submitted on Friday stated that the recognition of waqfs as “a valid statutory dedication of property”, in accordance with the Waqf Act, 1995, remains unchanged after the new law, reported Live Law.

“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,” it added.

The Centre said that the new Act “very clearly limits itself to secular dimensions” – such as record management, procedural reform and administrative structure – and not “any matters of ritual, prayer, or fundamental Islamic obligations”.

“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,” said the Centre.

It also told the Supreme Court that there cannot be a “blanket stay” on the law and that challenges to the law were based on a “false premise” that the amendments infringe on religious rights.

The Union government claimed that after 2013, more than 20 lakh hectares of land have been marked as waqf. This indicated “reported misuse” of earlier provisions to encroach upon private and government property, it added.

On the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, the Centre said these bodies exercise secular functions and the changes do not impact the religious rights of Muslims. The council has only an advisory role, and the maximum number of non-Muslim members in the council is limited to four out of 22 and for boards, three out of 11.

The government also said that waqf boards are secular regulatory bodies and not representative religious institutions, unlike Hindu religious endowments, which are often governed under state-specific laws or general trust laws. Since waqf boards sometimes oversee properties that do not belong to Muslims, the inclusion of non-Muslims was said to help balance “constitutional equities”, it claimed.

On the provision allowing a government officer to decide whether waqf land has encroached upon government land, the Centre cited “startling examples” where waqf boards had claimed ownership on government lands, public utilities and protected monuments without supporting documents.

The Centre urged the Supreme Court not to pass any interim order, citing precedents that bar courts from staying legislation at the initial stage. It said the amendments were passed after an “in-depth and analytical study” by a Joint Parliamentary Committee comprising members from major political parties.

The Supreme Court is scheduled to hear the matter on May 5. On April 17, the Centre had assured the court that it would not denotify waqf properties or make any new appointments to the Central Waqf Council or State Waqf Boards until that date.