The Centre has sought the Supreme Court to dismiss pleas challenging the validity of the Waqf Act, 2025, stating that there cannot be a “blanket stay” on the law due to a “presumption of its constitutionality.” The government defended the law, claiming that after 2013, there were over 20 lakh hectares of waqf land added. The affidavit also claimed misuse of earlier provisions to.

The Supreme Court of India has dismissed a petition filed by NGO Abhinav Bharat Congress, which sought the apex court’s powers under Article 142 of the Indian Constitution to be granted to the high courts. The Supreme Court has previously exercised its power under Article 142 in the case brought by the Tamil Nadu government against state governor RN Ravi

The Supreme Court has stated that the amendments were undertaken after a comprehensive, in-depth and analytical study by a parliamentary panel having members from major political parties. The government has acted within its domain to ensure that religious endowments like waqf are managed in a manner that upholds the trust reposed in them by the faithful society.

A bench headed by Chief Justice Sanjiv Khanna is slated to hear the matter on May 5 on passing of interim orders. The Supreme Court has also rejected a plea seeking Article 142 powers for high courts, which requires an amendment to the Constitution. The court has encroach upon private and government properties. stated that the power conferred under Article 142 of the Constitution is only on this court and not the high courts.

At large, without trespassing on religious autonomy. The law, the Centre said, was valid and result of a lawful exercise of legislative power ​In a significant legal development, the Indian government has urged the Supreme Court to dismiss petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Centre emphasized that laws enacted by.

Parliament carry a presumption of constitutionality and should not be subjected to a blanket stay without thorough judicial scrutiny The government’s stance was articulated in a comprehensive 1,332-page preliminary counter-affidavit filed by the Ministry of Minority Affairs. The affidavit defended the amendments as a lawful exercise of legislative power.

A central point of contention in the petitions is the inclusion of non-Muslim members in Waqf Boards and the provision concerning ‘waqf by user’. The Centre argued that the inclusion of up to two non-Muslim members among the 22 members of the Waqf Council and Auqaf Boards is a measure of inclusiveness and does not intrude upon the administration of waqfs asserting.

The Supreme Court, while refraining from granting an interim stay on the Act, has directed the Centre to maintain the status quo. This includes halting new appointments to Waqf Boards and refraining from altering the character of waqf properties, including those registered under ‘waqf by user’, until the next hearing scheduled for May 5 that Parliament acted within its.

The court’s interim order underscores the need for a balanced approach, acknowledging the presumption of constitutionality of parliamentary laws while ensuring that the rights and concerns of all stakeholders are adequately addressed. As the legal proceedings continue, the Supreme Court’s final verdict will have significant implications for the administration of waqf.

Properties and the broader discourse on religious endowments in India domain to ensure the proper management of religious endowments like waqf In response to multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2023, the told the Supreme Court that a law passed by Parliament cannot be stayed merely because its.

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