Centre Defends Waqf Amendments in SC, Rejects Misleading ‘Waqf by User’ Narrative
The Centre on Friday defended the Waqf (Amendment) Act in the Supreme Court, stating that ‘waqf by user’ has always required formal registration and dismissing claims of arbitrary changes.
The Union government, in its affidavit to the Supreme Court, opposed calls to stay the Waqf (Amendment) Act, currently under challenge for alleged violations of religious and property rights.
Citing nearly a century of legal precedent, the Centre said the concept of ‘waqf by user’—declaring property waqf based solely on long-standing religious use—has always been subject to registration.
“‘Waqf by user’ was never accepted on oral testimony alone. The amendment only codifies what has been the law since 1923,” the Centre submitted before a bench headed by Chief Justice Sanjiv Khanna.
The Supreme Court had earlier expressed apprehension over the de-notification of ‘waqf by user’ properties.
“This appears to be an exception. Our concern is that if waqf-by-user is de-notified, there could be huge consequences,” Chief Justice Khanna observed during the last hearing.
The bench is hearing multiple petitions challenging the amendment on constitutional grounds, particularly in relation to religious freedom and property rights.
Responding to another key concern, the government defended the inclusion of two non-Muslim members in the 22-member Waqf Council.
Calling it a gesture of inclusiveness, the Centre rejected claims that it amounts to interference in the religious administration of waqf properties.
“The inclusion is representative, not intrusive,” the government told the bench, arguing that diversity on such statutory bodies should be seen as broadening governance rather than infringing upon it.
‘Waqf by user’ refers to land or property that is deemed waqf due to long-term use for religious purposes, such as prayers or other community activities, without formal documentation.
Such properties were historically recognized based on continued public use, but the current amendment requires documented evidence and formal registration with waqf boards.
The changes have triggered a legal debate, with critics arguing that thousands of religious sites across India, especially in rural areas, could lose waqf protection under the new system.
The Supreme Court has yet to decide whether to stay the implementation of the amended provisions.
The bench will continue hearings in the coming weeks, with the petitioners expected to challenge the constitutional validity of several sections of the amended law.
