The Supreme Court of India is likely to hear on Wednesday (April 16, 2025) several petitions that challenge the constitutional validity of the Waqf (Amendment) Act, 2025. A total of 10 petitions have been listed so far before a three-judge bench that includes Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan.

These petitions have been filed by several well-known politicians, civil rights groups, and religious organisations. Among them are AIMIM leader Asaduddin Owaisi, AAP leader Amanatullah Khan, and RJD leader Manoj Kumar Jha. There are also petitions from civil society and Muslim organisations such as the Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, and others.

Ten petitions have already been listed by the Supreme Court, and more have been filed but are still waiting to be heard. These include petitions by TMC MP Mahua Moitra, Samajwadi Party MP Zia-ur-Rahman Barq, and political parties like the YSR Congress Party (led by Jagan Mohan Reddy), the Communist Party of India (CPI), and Tamilaga Vettri Kazhagam (TVK), which is headed by actor-turned-politician Vijay. All of them have raised concerns about the Waqf (Amendment) Act, 2025, and want the court to review it.

There is also a separate petition filed by advocate Hari Shankar Jain and one Mani Munjal, who argue that some parts of the Waqf law violate the fundamental rights of non-Muslims. Chief Justice Sanjiv Khanna has agreed to list their case for hearing as well.

On April 8, the central government took a legal step called a caveat in the Supreme Court. This means the government asked the court to make sure it is heard before any order is passed in the case. A caveat helps ensure that one side is not left out when an important decision is made.

Earlier, on April 7, senior lawyer Kapil Sibal, who was speaking on behalf of the group Jamiat Ulama-i-Hind, had requested the Chief Justice to list the petitions for hearing soon. The Chief Justice then said that the court would consider the request.

Along with the names already mentioned, other important petitioners include the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, Dravida Munnetra Kazhagam (DMK), and Congress MPs Imran Pratapgarhi and Mohammad Jawed.

BJP-ruled states support the Waqf Law

While many politicians and organisations have raised concerns about the Waqf (Amendment) Act, six BJP-ruled states have come forward in support of the law. These include Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam. They have all filed separate pleas asking the court to uphold the law and not strike it down.

Haryana, which filed its plea in the lead petition, said that the Waqf law needs to be reformed due to several long-standing problems. These include incomplete property surveys, missing records, long-pending cases, and a lack of accountability. Haryana said that the new law will help bring a unified system and better control over Waqf properties and their custodians (known as Mutawallis).

Maharashtra said in its petition that it would help the court by sharing records from Parliament, expert committee recommendations, and data that show how Waqf properties were misused in the past. It also promised to show how other religious laws are managed in India.

Madhya Pradesh said that the law will help bring transparency, accountability, and better governance using technology. The aim, according to the state, is to improve the system so that people who truly need support from Waqf properties can benefit.

Rajasthan raised a different issue. The state claimed that in the past, some properties were declared as waqf without following proper legal steps. Now, the new law makes it mandatory to publish a 90-day notice in two widely circulated newspapers before any such declaration is made. This will allow people to object if they feel the declaration is wrong.

Chhattisgarh also supported the act and said that it will simplify the management system, make it easier for Waqf boards and local officials to work together, and make all information about Waqf properties available through a digital portal.

Assam mentioned Section 3E of the new law, which prohibits declaring land in Scheduled or Tribal Areas as Waqf property. Assam has eight districts under the Sixth Schedule of the Constitution, so the state said it has a direct interest in what the court decides.

The Uttarakhand Waqf Board has also requested the Supreme Court to let it take part in the case. It wants to support the new law and has filed an application to intervene in the petition filed by Owaisi.

How the law was passed in parliament

The Waqf (Amendment) Bill, 2025, was passed by both Houses of Parliament earlier this year. In the Rajya Sabha, 128 members voted in favour of the bill, while 95 opposed it. In the Lok Sabha, the bill got support from 288 members, and 232 voted against it.

 

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