The Centre on Friday defended the Waqf (Amendment) Act, 2025, as valid, lawful exercise of legislative power during a reply to the Supreme Court. The government also sought dismissal of pleas against validity of of Waqf (Amendment) Act.
Opposing stay on any provisions of the Act, the Centre 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.
The government also argued the petitions in this case "do not complain of injustice in any individual case" and, therefore, do not call for protection by any interim order. Last week the court had made it clear it would not trespass into the domain of the Legislature, and that the separation of powers had been made clear by the Constitution.
The apex court is hearing five petitions (scaled down from nearly 200) challenging the new laws, which include rules that non-Muslim members must be part of the Central Waqf Council and state-specific boards, and that donations may only be made by practicing Muslims.
In its effort to justify the "much-debated" provision of on inclusion of non-Muslim members, the Centre replied: ..." that unlike religious endowments or institutions in some States pertaining to Hindu denomination, waqf can be for non-religious and charitable purposes also. Secondly, the beneficiary of any waqf [normally non-religious waqfs] can be non-Muslims also. Thirdly, Section 72[1][v][f] permits any Muslim to contribute to the charitable object of the waqf."
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