NEW DELHI: The Centre on Friday filed its response in the Supreme Court defending the Waqf Amendment Act, asserting that the legislation aligns with established practices and is a valid exercise of legislative power.
The government informed the Supreme Court that the petitions were based on an incorrect assumption that the amendments violate fundamental religious freedoms.
The Supreme Court had asked the Centre government to respond to the petitions within a week, whilst allowing petitioners to submit their rejoinder within five days thereafter.
Here’s what the Centre told Supreme Court in 10 points:
- The Centre said that the Waqf Amendment Act is a valid and lawful exercise of legislative power.
- The affidavit said that the presumption of constitutionality applies to laws made by Parliament.
- The Union government said there will be maximum of two non-Muslims among 22 members in the
Waqf Council and Aukaf Boards, a measure that is representative of inclusiveness and not intrusive of the administration of Wakfs. - Parliament acted within its domain to ensure religious endowments like waqf are managed upholding trust reposed in it, Centre said in its affidavit.
- The affidavit further said that blanket stay on several provisions of the act without being aware of adverse consequences were uncalled for when the presumption of validity there.
- In the affidavit, the Centre told the top court that the pleas proceed on false premise that amendments take away fundamental rights of religious freedom.
- The Centre told to apex court that pleas proceed on false premise that amendments take away fundamental rights of religious freedom.
- Attempts of petitioners challenging validity of Waqf law against basic tenets of judicial review, Centre added.
- The Centre said that there have been misuse of provisions to encroach private, government properties.
- The government said that the amendments in the act were made after a comprehensive, in-depth, analytical study by a Joint parliamentary panel.
