Waqf case: No one has proper over authorities land even beneath waqf by consumer precept, Centre to SC

Waqf by consumer refers to an idea the place a property is recognised as waqf based mostly on its long-term use for non secular or charitable functions, even with out formal documentation.

Responding to the submissions difficult the constitutional validity of the Waqf Act, 2025, Solicitor Common Tushar Mehta commenced advancing his arguments on behalf of the Centre earlier than a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih.

“No one has the proper over authorities land,” the highest legislation officer mentioned.

“There’s a Supreme Court docket judgment which says the federal government can save the property if it belongs to the federal government and has been declared as waqf,” he mentioned.

On the outset, the legislation officer mentioned no affected events have moved the court docket and “it’s no one’s case that Parliament doesn’t have the competence to cross this laws.”

He referred to the report of the joint parliamentary committee and the truth that many state governments and state waqf boards had been consulted earlier than the Act got here into being.

The bench sought response from the Centre on the pleas of the petitioners that an officer above the rank of the district collector can resolve the declare over waqf properties on the grounds that they’re of presidency.

“This isn’t simply deceptive however a false argument,” the legislation officer mentioned.

The listening to within the case is underway.

The Centre, in its written observe, strongly defended the Act, saying waqf by its very nature is a “secular idea” and cannot be stayed as there’s a “presumption of constitutionality” in its favour.

It addressed the problems the court docket had beforehand raised and mentioned the legislation solely sought to control secular facets of waqf administration whereas safeguarding non secular freedom. He mentioned there was no “grave nationwide urgency” calling for its keep.

“It’s a settled place in legislation that constitutional courts wouldn’t keep a statutory provision, both immediately or not directly, and can resolve the matter lastly. There’s a presumption of constitutionality that applies to legal guidelines made by Parliament,” the observe mentioned.

The bench, on Tuesday, underscored the “presumption of constitutionality in favour of the legislation and mentioned petitioners difficult the waqf legislation wanted a “sturdy and obtrusive” case for interim aid.

“There’s a presumption of constitutionality in favour of each statute. For interim aid, you must make out a really sturdy and obtrusive case. In any other case, presumption of constitutionality might be there,” the CJI mentioned when senior advocate Kapil Sibal, main the cost towards the laws, started his submissions.

The Centre had urged the bench to restrict the listening to on pleas to a few points.

One of many points is the ability to denotify properties declared as waqf by courts, waqf by consumer or waqf by deed.

The second concern pertains to the composition of state waqf boards and the Central Waqf Council, the place they contend solely Muslims ought to function besides ex-officio members whereas the final one is over the availability stipulating a waqf property will not be handled as a waqf when the collector conducts an inquiry to determine if the property is authorities land.

The Centre notified the Waqf Act, 2025 final month after it received President Droupadi Murmu’s assent on April 5.

The invoice was cleared by Lok Sabha with the help of 288 members whereas 232 MPs had been towards it. The Rajya Sabha noticed 128 members voting in its favour and 95 towards it.

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