NEW DELHI: The Centre on Wednesday told the Supreme Court that waqf, though an Islamic concept, does not constitute an essential part of Islam and hence cannot be claimed as a fundamental right under the Constitution. Solicitor General Tushar Mehta, appearing for the Centre told the apex court that “until waqf is shown as an essential part of Islam, the rest of the arguments fail.”“Waqf is an Islamic concept, not disputed, but waqf is not an essential part of Islam until this is shown, the rest of the arguments fail,” Mehta said, as quoted by LiveLaw.The Centre’s stand came in response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Mehta began arguments defending the Act, stressing that no individual has the right to claim government land, even if it has been classified as waqf under the “waqf by user” principle, where land used informally for religious or charitable purposes over time is declared as waqf.

“Nobody has the right over government land,” Mehta said. “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.”“Waqf by user- is not a fundamental right. It was recognised by statute- judgment says if right is conferred as legislative policy, the right can always be taken away,” the Solicitor General further said.A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih is hearing the case. The Waqf (Amendment) Act, 2025 was passed by Parliament in April and received presidential assent on April 5. The Lok Sabha cleared it with 288 votes in favour and 232 against, while the Rajya Sabha approved it with 128 supporting and 95 opposing.