The management of Waqf properties, or charitable donations by Muslims, "involves significant secular activities", the government told the Supreme Court Friday, responding to a raft of questions raised last week, including the need to include non-Muslims on boards administering such properties.
The court was told that these and other changes to rules governing management of Waqf properties will "clearly keep essential religious practices... untouched". The government also said the core religious aspect of Waqf boards - i.e., dedication of property for charitable and/or religious use, and use of income generated towards pious or welfare purposes - remains fully protected and unchanged.
"The Waqf Act does not alter the religious obligation or spiritual nature of waqf in any way... but only addresses the incidental secular mechanisms surrounding it," the court was told.
In a 1,332-page submission the government countered the points raised by petitioners challenging implementation of the new Waqf laws on grounds it violates fundamental rights.
In that submission the government said managing Waqf properties - which includes land, buildings, and financial assets - required "maintaining accurate records, preventing misappropriation, resolving disputes, and ensuring income is used for intended charitable purposes, such as education..."
"The regulation of such properties, therefore, may have a public order aspect as well."
"... regulations aimed at improving transparency, accountability, and efficiency in Waqf administration do not touch upon any essential religious practice," the government said.
It was claimed that most Waqf boards had been run in a "non-transparent manner" and, absent safeguards, government and even private properties had been taken over.
This "abuse" of existing rules had led to encroachment of government land increasing Waqf holdings by 116 per cent from 2013, the government argued.
On Interim Stay...
The government also said it would oppose any attempt by the Supreme Court to order a stay, partial or complete, on implementation of this new law, noting that it is a settled position in law that courts do not have authority to stay statutory provisions, either directly or indirectly.
"There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay is against the principle of balance of powers," the government said.
READ | "Interim Stay Against...": Centre Defends Waqf Act In Supreme Court
Last week the court said it would not trespass into the domain of the Legislature, and that the separation of powers had been made clear by the Constitution.
Nevertheless, the court also agreed to hear a handful of petitions challenging the new laws and, in the hearing that followed, asked if the government would allow Muslims on Hindu endowment boards.
READ | "Will Muslims Be On Hindu Boards? Say It Openly": Supreme Court Asks
The court also said it was considering an interim stay given the violence - deaths were reported from Bengal and clashes in Lucknow - over the new law.
That interim stay, however, was put on hold after the government asked for time.
READ | Supreme Court Thinks Of Interim Stay On Parts Of Waqf Act, Centre Says...
At the end of last week's hearing the government told the court it would not make appointments to Waqf boards, in context of challenges to the rule about non-Muslim members at this time.
The revised Waqf laws were passed by Parliament earlier this month after heated debates in Parliament and a series of stormy meetings by a joint committee studying the bill.
The new laws have been criticised by the opposition, which called it "draconian", but hailed by the government as an effort to ensure transparency and gender equality in Waqf boards.
With input from agencies
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