Today, On 21st May, In the Supreme Court, the Centre asserted that no person can claim rights over government land merely because it’s declared Waqf through user principle, emphasising that such land remains public property under the Waqf Amendment Act.
New Delhi: The Centre informed the Supreme Court on Wednesday that no individual or entity can claim ownership over government land, reinforcing its legal authority to reclaim such properties even if they have been designated as waqf based on historical usage.
This statement was made during the ongoing hearings regarding the constitutional validity of the Waqf Act, 2025.
Solicitor General Tushar Mehta defended the legislation before a bench led by Chief Justice B R Gavai and Justice Augustine George Masih, labeling the claims of the petitioners as “misleading and false.”
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He asserted,
“Government land belongs to the government, nobody has the right over it.”
Mehta also referenced a Supreme Court ruling affirming that government property designated as waqf can still be reclaimed by the government.
The legal principle in question “waqf by user” pertains to properties historically utilized for religious or charitable purposes without formal documentation, which may be recognized as waqf according to customary practices. Critics contend that this could allow claims over public land based solely on usage.
Mehta stressed that Parliament has the full authority to legislate the Waqf Act, 2025, and pointed out that no directly affected parties have contested its validity. He mentioned that consultations were held with state governments and state waqf boards during the drafting process, highlighting the law’s inclusive nature.
The Centre’s written submission argued that waqf is fundamentally a secular administrative concept and that the law should not be stayed, as it operates within the constitutional framework.
The note stated,
“There is a presumption of constitutionality in favour of the Act, and courts do not stay statutory provisions lightly,”
The three main issues at the center of the Centre’s plea are:
- Denotification Powers: Whether the government has the authority to denotify properties declared as waqf by court order, user practices, or deed.
- Composition of Waqf Bodies: The legitimacy of including non-Muslim members in the Central Waqf Council and State Waqf Boards, excluding ex-officio members. The petitioners argue that only Muslims should administer waqf institutions.
- Collector’s Inquiry Clause: A contentious provision that prevents properties from being classified as waqf if a collector’s inquiry determines they are government land.
As the hearing resumed, Kapil Sibal began to present arguments, providing the Court with the broader context of the Waqf dispute.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Earlier, the Supreme Court of India heard petitions against the amended Waqf Amendment Act, 2025. Petitioners argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
Case Title: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025