The Centre on Friday strongly opposed any form of interim stay—partial or complete—on the newly enacted Waqf laws while their constitutional validity is under challenge in the Supreme Court.

In its submission, the government contended that courts cannot stay statutory provisions during such hearings, citing the established legal principle that legislation passed by Parliament carries a presumption of constitutionality.

“An interim stay would upset the balance of power between the Legislature and Judiciary,” the Centre argued, emphasizing that the law was based on recommendations from a Joint Parliamentary Committee and was thoroughly debated in Parliament.

While acknowledging the Supreme Court’s authority to examine the law's constitutionality, the government said any interim injunction at this stage would be premature and disruptive. It further noted that the current petitions do not allege specific individual harm, and therefore, do not justify interim relief.

Last week, the Supreme Court had reaffirmed its respect for the separation of powers, saying it would not interfere in the legislative domain. The court is currently hearing a reduced number of petitions (whittled down from around 200) that challenge key provisions in the new Waqf laws. These include mandatory inclusion of non-Muslims in Waqf bodies and restrictions on donations to practicing Muslims only—provisions the petitioners claim infringe on fundamental rights.

During earlier hearings, the court questioned the government on issues of religious parity, including whether Muslims could be part of Hindu endowment boards. It also considered an interim stay in light of violent protests and deaths reported in Bengal and clashes in Lucknow. However, the matter was deferred after the government sought more time.

Notably, the Centre had assured the court that there would be no Waqf appointments or changes to the status of Waqf properties until further notice.

The law faces opposition not only from religious and civil society groups like the Jamiat Ulema-e-Hind and the All India Muslim Personal Law Board but also from political parties, including the Congress, AAP, DMK, CPI, and BJP ally JDU—significant given the upcoming Assembly elections in Bihar.