The Centre told the Supreme Court that Muslims will hold an “overwhelming majority” in Waqf bodies under the new law. It defended the inclusion of non-Muslims, citing the secular duties of these boards.
The Central Government has recently told the Supreme Court that Muslims will continue to form an “overwhelming majority” in waqf bodies, dismissing claims that they might become a minority under the amended Waqf Act. This statement was made by the government on Friday during a Supreme Court hearing in response to public concerns and legal petitions challenging the constitutional validity of the amendments made to the Waqf Act.
A detailed 1,332-page preliminary counter affidavit was filed by the Ministry of Minority Affairs, strongly defending the new provisions. The affidavit was submitted by Shersha C Shaik Mohiddin, Joint Secretary in the Ministry of Minority Affairs.
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In it, the Centre emphasized that the inclusion of non-Muslims in waqf bodies was not aimed at reducing Muslim representation. Rather, it was to support the secular functions that waqf bodies perform, such as running hospitals, schools, and community welfare centers. “Muslim members will form an overwhelming majority of the board,” the affidavit stated.
The Supreme Court bench, led by Chief Justice Sanjiv Khanna, is expected to hear the matter again on May 5 to consider interim orders.
In defending the amended law, the affidavit stated that these changes are lawful and do not interfere with religious freedoms. The government also drew attention to alarming land data, stating: “Shockingly, after 2013, there was an addition of over 20 lakh hectares in waqf land.”
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It further added historical context to the growth of waqf properties in India:
“Right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India.”
Raising concerns about previous waqf laws, the Centre pointed out that there had been several instances of abuse: “Reported misuse” of waqf laws to “encroach upon private and government properties.”
Addressing the judicial aspects, the Centre reminded the court of the principle of constitutional validity, stating:
“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. There is a presumption of constitutionality that applies to laws made by Parliament.”
The Centre also made it clear that laws passed by Parliament carry inherent constitutional strength and cannot be put on hold during hearings unless declared unconstitutional by a final judgment.
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In its submission, the government firmly stated,
“There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay by the court is against the principle of balance of powers.”
It added that courts are not supposed to halt the implementation of a legal provision midway through the proceedings: the law must be allowed to function unless finally struck down.
In summary, the Centre has stood firm on the constitutional and lawful basis of the amended Waqf Act, assuring that Muslims will retain dominant control of waqf bodies. “Muslim members will form an overwhelming majority of the board,” the affidavit reiterated, also clarifying that the addition of non-Muslims was intended to support secular public welfare tasks.
Through this, the government aims to maintain transparency and prevent misuse of waqf lands while safeguarding religious rights and upholding the integrity of parliamentary legislation.
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