The Centre filed an affidavit in the Supreme Court on April 25 seeking dismissal of pleas against validity of the Waqf (Amendment) Act, 2025.
The Centre said that the top court can review a law on grounds of legislative competence and violation of fundamental rights under Article 32.
Pleas proceed on false premise that amendments take away fundamental rights of religious freedom, the govt further said.
Settled legal position courts would not stay statutory provision, decide matter finally, it said, adding that presumption of constitutionality applies to laws made by Parliament.
The govt told the SC that the amendments to the Waqf Act were brought after comprehensive, in-depth, analytical study by a parliamentary panel.
There have been misuse of provisions to encroach private and government properties, the govt submitted. Right before even Mughal era, pre-independence era, post-independence era, total of waqfs created was 18,29,163.896 acre, the govt said.
In its affidavit, the Centre said that shockingly after 2013, the addition of waqf land is 20,92,072.536 acre.
Replacing legislative regime enacted by legislature is impermissible, the Centre further told the top court.
The affidavit said that Parliament acted within its domain to ensure religious endowments like waqf are managed upholding trust reposed in it.
Blanket stay without being aware of adverse consequences is uncalled for when presumption of validity is there, it further said.
Attempts of petitioners challenging validity of Waqf law are against basic tenets of judicial review, it added.
The Centre said that the top court can review a law on grounds of legislative competence and violation of fundamental rights under Article 32.
Pleas proceed on false premise that amendments take away fundamental rights of religious freedom, the govt further said.
Settled legal position courts would not stay statutory provision, decide matter finally, it said, adding that presumption of constitutionality applies to laws made by Parliament.
The govt told the SC that the amendments to the Waqf Act were brought after comprehensive, in-depth, analytical study by a parliamentary panel.
There have been misuse of provisions to encroach private and government properties, the govt submitted. Right before even Mughal era, pre-independence era, post-independence era, total of waqfs created was 18,29,163.896 acre, the govt said.
In its affidavit, the Centre said that shockingly after 2013, the addition of waqf land is 20,92,072.536 acre.
Replacing legislative regime enacted by legislature is impermissible, the Centre further told the top court.
The affidavit said that Parliament acted within its domain to ensure religious endowments like waqf are managed upholding trust reposed in it.
Blanket stay without being aware of adverse consequences is uncalled for when presumption of validity is there, it further said.
Attempts of petitioners challenging validity of Waqf law are against basic tenets of judicial review, it added.
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