The Central government on Wednesday submitted before the Supreme Court that no one can assert ownership rights over government land, and that it holds the legal authority to reclaim properties classified as waqf through the principle of &ldquo;waqf by user.&rdquo;
The doctrine of waqf by user recognises property as waqf based on its prolonged use for religious or charitable purposes, even in the absence of formal legal documentation.
Solicitor General Tushar Mehta began presenting arguments on behalf of the Centre before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih. The submissions were made in response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
"Nobody has the right over government land," Mehta told the bench. "There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf," he added.
Opening his arguments, Mehta stated that no directly affected parties had approached the court. &ldquo;It is nobody&rsquo;s case that Parliament does not have the competence to pass this legislation,&rdquo; he said.&nbsp;
He pointed to the report prepared by the joint parliamentary committee and noted that multiple state governments and state waqf boards were consulted prior to the law's enactment.
In response to the petitioners&rsquo; concerns over the authority to determine claims on waqf properties, particularly those said to be government land, the bench asked the Centre to clarify whether such decisions could be made by officials above the rank of district collector.
Mehta refuted the argument, saying, &ldquo;This is not just misleading but a false argument.&rdquo;
In its written submission, the Centre mounted a strong defence of the legislation, arguing that waqf, by its very definition, is a secular construct and that the law cannot be stayed, given the presumption of constitutionality it enjoys. The note emphasised that the Act is intended solely to regulate the secular aspects of waqf administration while safeguarding the right to religious freedom.
The government further submitted that there was no "grave national urgency" that would justify the stay of the legislation. "It is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally. There is a presumption of constitutionality that applies to laws made by Parliament," the Centre stated in the written note.
During the hearing on Tuesday, the bench highlighted the presumption of constitutionality that applies to the statute and said petitioners seeking interim relief must present a "strong and glaring" case.&nbsp;
Chief Justice Gavai remarked, &ldquo;There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there,&rdquo; in response to submissions made by senior advocate Kapil Sibal, who is representing the petitioners.
The Centre also urged the bench to focus the hearings on three specific issues. The first involves the government&rsquo;s power to denotify waqf properties, whether designated by courts, by user, or by waqf deed.&nbsp;
The second pertains to the composition of state waqf boards and the Central Waqf Council, where it is argued that membership should be restricted to Muslims, excluding ex-officio members. The third issue concerns a provision under which a property will not be classified as waqf if, upon inquiry, the district collector finds it to be government land.
The Waqf (Amendment) Act, 2025 was formally notified last month, following presidential assent granted by President Droupadi Murmu on April 5. The bill was passed in the Lok Sabha with 288 members voting in favour and 232 against. In the Rajya Sabha, it received 128 votes in support and 95 in opposition.
The matter continues to be heard by the court.
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The Centre told the Supreme Court it can reclaim government land declared as waqf under the waqf by user rule.

Govt Can Reclaim Waqf Land, Centre Tells SC

The Centre told the Supreme Court it can reclaim government land declared as waqf under the waqf by user rule.

May 21, 2025 | 16:17 IST