Asserting that the SC’s order on the Waqf (Amendment) Act has “reaffirmed the importance of the waqf reforms” and that the Act remains fully operational, Union Minister for Minority Affairs Kiren Rijiju said that it “reinforces the settled principle that Parliamentary legislation carries a presumption of constitutionality”. He also said that the order shows that the Opposition was wrong in saying that the Act was “unconstitutional”.
He said the affidavit filed by the Centre in the SC made it clear that Parliament enacted the 2025 reforms with “due care”.
“The court’s decision not to stay the law in its entirety reinforces the settled principle that parliamentary legislation carries a presumption of constitutionality,” he said.
Rijiju said “prima facie, the requirement of practising Islam for five years before creating a waqf cannot be termed arbitrary” and since there is currently no procedure to verify it, rules will need to be framed by the states.
“The court also upheld the deletion of the concept of ‘waqf by user’. If the legislature finds that this concept has led to large-scale encroachments on government properties, it is justified in deleting the provision. Such an amendment cannot prima facie be said to be arbitrary,” he said.
Rijiju said the court had observed that preventing a property from being treated as waqf even before inquiry is prima facie arbitrary. He said that the court upheld that title disputes must be decided by judicial or quasi-judicial authorities, not by revenue officers.
Meanwhile, JD(U) spokesperson Rajiv Ranjan Prasad said: “… The fact that the apex court has refused to stay the Waqf Act in entirety is a major setback for the Opposition, which has been spreading misinformation.” LJP (Ramvilas), said: “There is nothing new in the order… The case will henceforth be argued on merits.”
