The central government has opposed petitions in the Supreme Court challenging the Waqf Amendment Law, asserting that the amendments do not infringe upon fundamental rights. In an affidavit, the government clarified that the changes aim to facilitate secular management of Waqf properties, asserting adherence to Articles 25 and 26 of the Constitution. It emphasized that properties registered as Waqf would remain unaffected and countered claims that these amendments threaten centuries-old Waqf properties. A hearing on the case is set for May 5.
The government indicated on April 17 that the contentious portions of the Waqf Amendment Law would not be enforced temporarily, maintaining the current status quo. Solicitor General Tushar Mehta, representing the government, argued against the imposition of a stay on the law, noting that it would halt a Parliament-enacted law based on a few provisions. He highlighted consultations with millions of citizens before the law’s enactment and stressed the necessity of considering public interest, particularly regarding claims made by the Waqf Board over village lands.
During the proceedings, Chief Justice Sanjeev Khanna inquired about the implications for properties registered under the 1995 law, to which Mehta confirmed they were explicitly protected. The Chief Justice subsequently advised against any new appointments within the Waqf Board or Council, indicating a cautious approach as they navigate the situation without imposing a stay on the law itself.
