New Delhi: The Union government has filed a preliminary affidavit with the Supreme Court in response to the petitions challenging the Waqf Amendment Act 2025, claiming that the amendment was a lawful expression of its power.

LiveLaw reports how the Union government has maintained that the amendments are only for the regulation of the secular aspect regarding the management of the properties.

The government has claimed that there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the constitution.

While the affidavit, according to Indian Express, claimed that the amendments to the Waqf Act were brought about after a "comprehensive, in-depth, and analytical study" conducted by a parliamentary panel, opposition leaders had earlier claimed that none of their suggestions had been taken in formulating the amendment.

The joint parliamentary committee that had studied the legislation had ultimately rejected 44 amendment suggestions made by opposition MPs, while 14 from the NDA camp were accepted.

The Union government also claims, as quoted by LiveLaw:

"The Waqf (Amendment) Act, 2025 very clearly limits itself to secular dimensions (like record management, procedural reforms, and administrative structure) and not any matters of ritual, prayer, or fundamental Islamic obligations. It is submitted that therefore the Act, by confining itself to non-essential practices, steers well clear of infringing the religious freedoms guaranteed by the Constitution."

The omission of 'waqf-by-user', the Union government claimed, also does not affect existing waqf lands. The government claimed that a "false narrative" is being created that this omission will impact the centuries-old waqf lands which do not have specific deeds.

"It is submitted that despite the existence of the concept of 'waqf by user', the requirement of registration or self-declarations before the Court were made mandatory in order to ensure that the regulatory provisions of the enactments achieve the intended objectives. It is submitted that therefore, there has been a clear and mandatory legislative regime, which has sought to enforce and implement registration requirements on all kinds of waqfs since at least 1923," the affidavit read.

The Central Waqf Council only has a general advisory role and does not deal with any specific land, the government also claimed, adding that the State Board too exercises secular regulatory powers.

The changes do not impact the religious rights of Muslims in any manner, the government claimed, attempting to make a distinction between Waqf Boards and bodies dealing with Hindu Religious Endowments.

This can be assumed to be in response to the Supreme Court's own questioning to the Solicitor General as to whether Muslims could be included in Hindu religious boards.

While the government has said that there are "startling examples" of government land being declared Waqf, it is unclear if it has listed such examples.

The government also urged the Supreme Court not to pass any interim order, LiveLaw reports, staying the provisions of the Act, by pointing out that every law enacted by the parliament is presumed to be constitutional.

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