The Union government, on Friday, submitted a 1,332-page preliminary affidavit in the Supreme Court strongly defending the Waqf (Amendment) Act, 2025 and urging the dismissal of all petitions challenging its constitutional validity. Filed by Shersha C Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs, the affidavit stated that constitutional courts are not empowered to stay statutory provisions, either directly or indirectly, and should instead adjudicate such matters conclusively. The Centre made it clear that the law must be interpreted within the limits of judicial propriety and established legal doctrine.

In its submission, the government argued that the law had been misrepresented in public discourse, particularly regarding its impact on undocumented waqf properties. It refuted claims that Waqf-by-user properties without proper documentation would be rendered invalid under the new law. The affidavit asserted that such narratives are “deliberate, purposeful, and intentionally misleading,” and aimed at confusing both the public and the court. The Centre emphasized that the right of any Muslim individual to create a waqf remains untouched, even under the amended legal provisions.

The affidavit also highlighted a significant expansion in waqf land holdings since 2013, reporting an increase of over 20 lakh hectares. This rapid and unexplained growth was cited as one of the reasons necessitating the amendments, as the government sought to bring more transparency and regulatory oversight to the process. By presenting detailed data and legal justification, the Centre urged the apex court to recognize the law’s intent and reject any interim relief that would delay its implementation. The Supreme Court is expected to continue hearings in the coming weeks.