In a significant legal development, six Bharatiya Janata Party (BJP)-governed states—Haryana, Madhya Pradesh, Maharashtra, Rajasthan, Chhattisgarh, and Assam—have approached the Supreme Court to support the Waqf (Amendment) Act, 2025. These states have filed intervention applications asserting that the Act is constitutionally valid and essential for enhancing transparency and preventing misuse of Waqf properties.
States Advocate for the Act’s Validity
Haryana has submitted an intervention application in response to a challenge posed by AAP leader Amanatullah Khan. The state proposed that the Amendment Act aims to establish unified management of Waqf properties to address issues of incomplete surveys, inadequate accounting practices, arrears in litigation within Waqf tribunals and boards, and irregular or missing property mutations, as well as auditing practices by Mutawallis.
Maharashtra extended its support in assisting the Supreme Court with parliamentary records, recommendations, insights gathered from nationwide consultations, comparative analyses of religious endowment laws in India, and empirical data on the misuse and lack of transparency in Waqf administration.
While Madhya Pradesh, on the other hand, contends that the Amendment Act invokes a reformative approach in the management and regulation of Waqf properties by critically acknowledging the issues of transparency, accountability, and governance mechanisms. The state highlighted that the Act envisions a legally sound, technologically driven, and streamlined framework for effective administration of Waqf assets so that it could cater to the needs of ultimate beneficiaries.
Rajasthan, while justifying its concuring stance, pointed out historical instances where properties, including those privately held or owned by the state, were unilaterally declared as Waqf properties without providing affected individuals or authorities the opportunity to object. The state noted that the Amendment now mandates a 90-day public notice to be published in two widely circulated newspapers and hence provides sufficient transparency, public awareness, and an opportunity for stakeholders to raise objections, if any.
Chhattisgarh laid its arguments that the amendments aim to simplify processes and foster coordination between Waqf Boards and local authorities. The state asserted that the digital portal for Waqf property management is intended to improve tracking, identification, and oversight, strengthening auditing and accounting measures.
Assam indicates that it would be affected by any ruling from the Supreme Court, as the newly inserted Section 3E of the Amendment Act imposes restrictions on declaring any land in Scheduled or Tribal Areas (Fifth Schedule or Sixth Schedule) as Waqf. The state notes that in Assam, eight administrative districts out of a total of 35 are covered under the Sixth Schedule of the Constitution.
Overview of the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, officially came into force on April 8, 2025, following its passage in Parliament and subsequent assent by President Droupadi Murmu. The Act introduces reforms to the management and administration of Waqf properties in India.
Here’s a quick peek at the proposed provisions:
- Renaming the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995).
- Incorporating 25 recommendations from the Joint Parliamentary Committee (JPC), to remove inequality and introduce gender equality by mandating the representation of at least two Muslim women on the Central Waqf Council and State Waqf Boards, and ensuring female inheritance rights.
- Promoting sectarian inclusivity by requiring representation from various Muslim sects on State Waqf Boards.
- Empowering the Central Government to create rules for Waqf registration, auditing, and accounts, ensuring transparency and accountability.
- Introducing an appeal process, allowing decisions made by Waqf tribunals to be challenged in the High Court within 90 days.
- Omitting provisions related to “Waqf by User” and oral Waqfs, mandating written deeds for the creation of Waqf properties.
- Applying the Limitation Act, 1963, to Waqf properties, thereby affecting the perpetual status of Waqf as mandated in Islamic Law.
Opposition and Legal Challenges
Despite the support from these six states, the Act faces opposition from various quarters. Multiple petitions have been filed in the Supreme Court challenging its constitutional validity. Critics argue that the Act infringes upon the religious autonomy of the Muslim community and imposes arbitrary restrictions not mandated by Shari’ah, violating freedoms guaranteed under Articles 25 and 26 of the Constitution.
Amanatullah Khan, an Aam Aadmi Party MLA, has filed a petition stating that the bill violates fundamental rights enshrined under Articles 14, 15, 21, 25, 26, 29, 30, and 300-A of the Constitution. He argues that the bill curtails the religious and cultural autonomy of Muslims, enables arbitrary executive interference, and undermines minority rights to manage their religious and charitable institutions.
Maulana Arshad Madani, President of Jamiat-i-Ulama Hind, criticized the Union government over the Waqf Amendment Bill, calling it unconstitutional, undemocratic, and unfair as it goes against the freedom of religion guaranteed by the Constitution. He added that the amendment bill is also the government’s interference in religious matters which Muslims will not accept.
The Supreme Court is expected to hear these challenges in the coming weeks, and its decision will have significant implications for the management of Waqf properties and the rights of the Muslim community.
About Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.