New Delhi: The Union government has told the Supreme Court that the recent amendments to the Waqf Act are aimed at curbing the misuse of waqf laws, preventing illegal encroachments, and ensuring greater transparency in the administration of waqf properties across the country.
In a preliminary affidavit submitted by the Ministry of Minority Affairs, the Centre highlighted the rampant misuse of waqf provisions, claiming that both government and private properties were being wrongfully declared as waqf land under the earlier legal framework. The affidavit pointed to a dramatic 116% increase in the total auqaf area after the 2013 amendment, describing the trend as “shocking.”
The government argued that the Waqf (Amendment) Act, 2025, was enacted to modernize the management of waqf assets by strengthening record-keeping, ensuring digital transparency, and enhancing administrative oversight. It emphasized that the reforms strictly target the secular and administrative functioning of waqf institutions—such as property management and governance—without interfering in any religious practices or doctrines of the Islamic faith.
The Centre further stated that a thorough consultative process was undertaken before the 2025 amendment, involving both executive and parliamentary scrutiny to assess and address the shortcomings of the previous regime.
The Supreme Court, led by Chief Justice Sanjiv Khanna, scheduled the next hearing on the matter for May 5, noting it would be a preliminary session and that interim orders could be issued if necessary. In the earlier hearing on April 17, the court had given the Centre, state governments, and Waqf Boards a week’s time to file their initial responses to multiple petitions challenging the constitutionality of the amended law.
The Centre also underscored the legal principle that laws passed by Parliament enjoy a presumption of constitutionality, urging the court not to stay the provisions of the Waqf (Amendment) Act, 2025, at this stage.
