Six States Support Waqf Amendment Act 2025 in Supreme Court
Last Updated on April 20, 2025 by NewsDesk SLC
Introduction
As the Supreme Court prepares to hear petitions challenging the Waqf Amendment Act 2025, six Indian states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, and Maharashtra—have stepped forward to support the legislation. Their intervention applications aim to emphasize the Act’s constitutionality and practical benefits.
Background of the Waqf Amendment Act 2025
The Waqf Amendment Act is designed to reform the management of waqf properties (charitable endowments), providing clearer guidelines and preventing misuse. Despite opposition led by the All India Muslim Personal Law Board, which argues that the Act violates constitutional rights, the supporting states contend that it enhances statutory clarity and introduces necessary reforms.
Key Arguments in Support
- Constitutional Soundness: The states argue that the Act is constitutionally valid and promotes transparency, fairness, and accountability. They stated that any concerns about violating constitutional rights are misinformed.
- Structural Reforms: The Amendment Act is asserted to introduce necessary structural reforms, providing statutory clarity and procedural safeguards. It aims to mitigate the misuse of provisions that previously allowed Waqf Boards to claim properties arbitrarily.
- Public Notification Requirement: A significant reform is the requirement for a public notice before any changes are made in land revenue records to designate properties as Waqf. This measure is expected to curb arbitrary notifications and secure rightful ownership.
- Non-Discrimination: The states contend that the Act treats all classes equally, denying claims that it violates Articles 14 (equality before the law) and 15 (prohibition of discrimination) of the Indian Constitution.
- Protection of Scheduled Areas: The State of Assam highlighted an important provision (Section 3E), which bans the creation of Waqf on land in Scheduled Tribal areas, thus protecting vulnerable regions.
Role of the States
The intervening states view themselves as “necessary and proper parties” in this case, as they are responsible for implementing the Act and hold relevant data that could aid in the Court’s adjudication of the matter.
Key Provisions and Reforms
One of the central reforms introduced by the Waqf Amendment Act is the requirement for public notice prior to any changes in land revenue records designating properties as waqf. This mechanism is expected to mitigate arbitrary claims and preserve the sanctity of land records.
The supporting states also counter claims that the Act infringes upon constitutional rights, asserting that it does not violate Articles 14, 15, 25, or 26. They emphasize that the amendments do not interfere with religious practices or management but establish a necessary regulatory framework for property administration.
Conclusion
The Chief Justice of India, alongside other justices, will evaluate these perspectives when the petitions are heard. The states argue they are crucial participants in this debate, holding essential information that could aid the Court’s deliberations. As the legal battle unfolds, the outcome of this case will significantly impact the management of waqf properties across India.
