NEW DELHI: The Union government on Thursday robustly defended the Waqf (Amendment) Act, 2025, before the Supreme Court, asserting that the legislation focuses solely on the secular and administrative governance of Waqf institutions. Solicitor General Tushar Mehta, representing the Centre, informed a Bench led by Chief Justice of India B.R. Gavai that the Act meticulously avoids any interference with the essential religious practices or beliefs of Islam.
A key point of contention addressed by Mehta was the provision in the Act that bars Muslims belonging to Scheduled Castes and Scheduled Tribes from dedicating property as Waqf. He argued that this is a vital protective measure designed to prevent the potential misuse of Waqf properties. According to the Solicitor General, without such safeguards, there is a risk that individuals could assume the role of mutawalli (manager of Waqf property) and exploit these properties for personal gain, thereby subverting the charitable and religious intent of the endowment.
Read More: CJI Gavai Says Courts Can’t Interfere Without Glaring Violation
Mehta further highlighted that various tribal organizations have also raised concerns regarding such practices, underscoring the need for the protective clauses within the Act. His arguments sought to allay fears expressed by petitioners who have challenged the constitutional validity of the 2025 amendment, alleging that it encroaches upon religious autonomy and discriminates against certain sections of the Muslim community.
The Centre’s stance emphasizes that the law is a necessary administrative reform aimed at ensuring transparency, accountability, and the proper management of Waqf assets. The Supreme Court continues to hear arguments on the matter, which has drawn considerable attention regarding the balance between state regulation and religious freedom.
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