The Supreme Court heard the WAQF Amendment request on April 16; BJP six countries moved out of court to support the law

The Supreme Court may hear a batch of petitions on Wednesday (April 16, 2025), including Aimim leader Asaduddin Owaisi, opposing the WAQF (Amendment) Act, the effectiveness of the 2025 constitution.

WAQF (Amendment) Act | Analysts and Interpreters Hindu

So far, 10 petitions have been listed on the three benches, composed of Chief Justice Sanjiv Khanna, Justices Sanjay Kumar and KV Viswanathan.

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.

Some new debates that have not been listed were subsequently filed in the top court, including a lawsuit filed by TMC MP Mahua Moitra, who filed sambhal, Zia-ur-Rahman Barq.

The YSRCP was chaired by former Andhra Pradesh Chief Minister Jagan Mohan Reddy, and the Communist Party of India (CPI), Tamiraga Fortri Kasagam (TVK) chief and actor Vijay Vijay also brought the top court on this issue.

Advocate Hari Shankar Jain and a Mani Munjal also filed another petition challenging the constitutional validity of several provisions of the law, citing their violation of the fundamental rights of non-Muslims, which the CJI then agreed to list.

The Centre filed a warning in the Supreme Court on April 8 and requested a hearing before any order was passed in this matter.

One party issued a warning in the High Court and the Supreme Court to ensure that no orders were heard.

All India Muslim Private Law Commission (AIMPLB), Jamiat Ulama-I-Hind, Dravida Munnetra Kazhagam (DMK), MPs Imran Pratapgarhi and Mohammad Jawed are other major petitioners.

On April 7, the CJI-led bench guaranteed senior advocate Kapil Sibal appeared on Jamiat Ulama-i-Hind to consider listing the petition.

State supports the law

In a major development, six BJP-ruled countries, including Madhya Pradesh and Assam, have contacted the Supreme Court to support the constitutionality of the WAQF (Amendment) Act 2025.

Six countries ruled by the BJP – Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam – have filed a separate plea, highlighting the potential administrative and legal consequences of the WAQF (Amendment) Act.

Haryana has intervened in the main petition and he stressed the urgent need for reforms in WAQF property management.

The state government notes ongoing issues such as incomplete property investigations, lack of proper accounting, long-term cases in WAQF courts, and irregular or missing records of property mutation records.

It said the revised law aims to bring a unified structure to WAQF administration and ensure oversight of Mutawallis (custodian).

The Maharashtra government asserted that it would help the Supreme Court by providing parliamentary records, committee recommendations and insights from state consultants.

It also promises to share a comparative framework for the entire Indian religious donation law in India, while highlighting the WAQF government’s abuse and lack of transparency empirical data.

According to Madhya Pradesh’s plea, WAQF law aims to carry out major reforms to the governance and regulation of WAQF properties.

The State stressed that the law envisioned a legally sound and technology-driven system that promoted transparency, accountability and socio-economic improvements among the expected beneficiaries.

The Rajasthan government raised concerns about past practices, whether privately owned or held by the state and declared as WAQF assets without due process.

It said the new regulations corrected the issue by authorizing 90-day public notice in two widely circulated newspapers before any such statement.

Rajasthan argues that the move ensures transparency and procedural equity by giving affected stakeholders the opportunity to raise objections.

Chhattisgarh in his plea emphasized the importance of simplifying administrative procedures and improving coordination between the WAQF board of directors and local authorities.

The state notes that creating a digital portal for WAQF property management will help better track, identify and audit assets, ultimately enhancing transparency in financial practices.

The plea in Assam brings attention to Article 3E of the Amendment Act, which prohibits any land in a planned or tribal area covered in the fifth or sixth agenda of the Constitution to be declared as WAQF property.

The state noted that eight of its 35 districts belonged to the sixth timeline, so the outcome of the case directly held a place.

The Uttarakhand WAQF Board, which has always supported the WAQF (Amendment) Act, also filed an application to the Supreme Court seeking to allow intervention in a written petition filed by Owaisi, challenging the constitutional validity of the law.

The bill was passed in Rajya Sabha with 128 members voting for it, while 95 opposed it. Lok Sabha cleared it, with 288 members supporting it and opposing 232 members.