The central government on Friday filed its response in the Supreme Court, urging the dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
Calling the legislation a “valid and lawful exercise of legislative power”, the Centre defended the amendments and opposed any interim relief sought against its provisions.
In its submission, the government emphasised that it is a well-established legal principle that constitutional courts do not grant stays on statutory provisions, either directly or indirectly, while the case is still being heard. Instead, such matters are to be decided after a final judgment.
In its official response submitted to the apex court, Centre said, “There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay is against the principle of balance of powers.”. “The law has been made on the recommendations of a Joint Parliamentary Committee…followed by an extensive debate in both Houses of Parliament,” it added.
The SC is hearing some petitions challenging the Waqf Act. The petitions include rules that non-Muslim members must be part of the Central Waqf Council and state-specific boards and that only practicing Muslims are eligible for making donations.
