The Supreme Court will likely hear on Wednesday (April 16, 2025) a batch of petitions, including the one of AIMIM leader Asaduddin Owaisi, against the constitutional validity of the Waqf (Amendment) Act, 2025.
Waqf (Amendment) Bill | Analysis and explainers from The Hindu
A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan, so far, listed 10 petitions on the issue.
In addition to Mr. Owaisi’s plea, the court listed for hearing the petitions filed by AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha.
Several fresh pleas, which are yet to be listed, were filed in the top court subsequently including the ones filed by TMC MP Mahua Moitra, Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq.
The YSRCP-led by former Andhra Pradesh Chief Minister Jagan Mohan Reddy, the Communist Party of India (CPI), Tamilaga Vettri Kazhagam (TVK) chief and actor-turned-politician Vijay have also moved the top court on the issue.
Advocate Hari Shankar Jain and one Mani Munjal have also filed a separate petition challenging the constitutional validity of several provisions of the law on the ground that they violate fundamental rights of non-Muslims following which the CJI agreed to list it.
The Centre, on April 8, filed a caveat in the apex court and sought a hearing before any order was passed in the matter.
A caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.
The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners.
On April 7, a bench headed by the CJI assured senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind, to consider listing the petitions.
States support the law
In a significant development, six BJP-ruled states including Madhya Pradesh and Assam have approached the Supreme Court to support the constitutionality of the Waqf (Amendment) Act, 2025.
The six BJP-ruled states — Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam — have filed separate pleas highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.
Haryana, which has filed the intervention in the lead petition, emphasised the urgent need for reform in the management of Waqf property.
The state government pointed to persistent issues such as incomplete property surveys, lack of proper accounting, long-pending cases in Waqf tribunals and irregular or missing records of property mutations.
It said the amended law seeks to bring a unified structure for Waqf management and ensure greater oversight of Mutawallis (custodians).
The Maharashtra government asserted that it is crucial to assist the apex court by providing parliamentary records, committee recommendations and insights from national consultations.
It also promised to share comparative frameworks of religious endowment laws across India along with empirical data highlighting misuse and lack of transparency in the Waqf administration.
According to the plea by Madhya Pradesh, the Waqf law aims to bring about significant reforms in the governance and regulation of Waqf properties.
The state emphasised that the law envisions a legally robust and technology-driven system that promotes transparency, accountability and socio-economic upliftment of intended beneficiaries.
The Rajasthan government raised concerns over past practices where properties — whether privately owned or held by the state — were being declared Waqf assets without due process.
The new provisions, it said, correct this by mandating a 90-day public notice in two widely circulated newspapers before any such declaration.
This move, Rajasthan contended, ensures transparency and procedural fairness by giving affected stakeholders a chance to raise objections.
Chhattisgarh, in its plea, underlined the importance of simplifying administrative procedures and improving coordination between Waqf boards and local authorities.
The creation of a digital portal for Waqf property management, the state noted, will help in better tracking, identification and auditing of assets, ultimately strengthening transparency in financial practices.
Assam’s plea drew attention to Section 3E of the amended Act, which bars any declaration of land in Scheduled or Tribal Areas — covered under the Fifth or Sixth Schedule of the Constitution — as Waqf property.
The state pointed out that eight of its 35 districts fall under the Sixth Schedule and, thus, it has a direct stake in the outcome of the case.
The Uttarakhand Waqf Board, which has been supporting the Waqf (Amendment) Act, has also submitted an application in the Supreme Court seeking permission to intervene in the writ petition filed by Owaisi challenging the constitutional validity of the law.
The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
Published – April 16, 2025 07:26 am IST
Source:https://www.thehindu.com/news/national/supreme-court-waqf-amendment-bill-opposition-hearing-updates-april-16/article69455139.ece