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'Valid, lawful exercise': What Centre told SC on Waqf row in 10 points

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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.
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