Union govt files caveat in Supreme Court over petitions challenging Waqf Amendments

New Delhi: The Centre on Tuesday filed a caveat in the Supreme Court, requesting that no orders be passed regarding the Waqf (Amendment) Act, 2025 without hearing its side. A caveat is filed in the high courts and the apex court to ensure that no interim order is issued without hearing the concerned party.

The Waqf (Amendment) Act, 2025, which was passed by Parliament last week, came into effect on Tuesday. A notification issued by the Ministry of Minority Affairs stated:

“In exercise of the powers conferred by sub-section (2) of section 1 of the Waqf (Amendment) Act, 2025 (14 of 2025), the Central Government hereby appoints the 8th day of April, 2025 as the date on which the provisions of the said Act shall come into force.”

Supreme Court may hear petitions on April 15
The Supreme Court is likely to hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act on April 15. Lawyers privy to the development said the petitions may be listed before a bench, although the listing was not yet reflected on the apex court’s website.

On April 7, a bench led by Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal, representing Jamiat Ulama-i-Hind, that the court would consider listing the petitions.

More than 10 petitions have been filed before the Supreme Court challenging the Act. These include pleas by the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, DMK, Congress MPs Imran Pratapgarhi and Mohammad Jawed, AIMIM leader Asaduddin Owaisi, RJD MPs Manoj Jha and Faiyaz Ahmad, AAP MLA Amanatullah Khan, Samastha Kerala Jamiathul Ulema, and the NGO Association for the Protection of Civil Rights.

The DMK, through its deputy general secretary A Raja, said in a press release:

"Despite widespread opposition, the Waqf Amendment Bill, 2025 was passed by the union government without proper consideration of the objections raised by the members of the JPC and the other stakeholders."

The party added that immediate implementation of the Act infringes the rights of about 50 lakh Muslims in Tamil Nadu and 20 crore in the rest of the country.

AIMPLB terms law ‘arbitrary and discriminatory’
The All India Muslim Personal Law Board filed its petition late on April 6. In a press statement, spokesperson SQR Ilyas said:

“The petition strongly objected to the amendments passed by Parliament for being arbitrary, discriminatory and based on exclusion.”

The petition argued that the amendments violate fundamental rights under Articles 25 and 26 of the Constitution and revealed the government’s intent to control Waqf administration, sidelining the Muslim minority from managing their religious endowments.

It further said Articles 25 and 26 guarantee freedom of conscience, the right to practice and propagate religion, and to manage religious and charitable institutions.

The plea was settled by advocate M R Shamshad, with advocate-on-record Talha Abdul Rahman representing the Board through its General Secretary Maulana Fazlur Raheem Mujaddidi.

Jamiat Ulama-i-Hind alleges attack on religious freedom
Jamiat Ulama-i-Hind described the new law as a “dangerous conspiracy” to strip Muslims of religious freedom. Its petition said:

“The law was a direct attack on the country's Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom.”

Kerala Muslim body terms it a ‘blatant intrusion’
The Samastha Kerala Jamiathul Ulema called the Act a “blatant intrusion” into a religious denomination’s right to manage its own religious affairs.

Other leaders and groups cite discrimination, violation of rights
Congress MP Mohammad Jawed’s petition alleged that the Act imposed “arbitrary restrictions” on Waqf property management, undermining religious autonomy. Filed through advocate Anas Tanwir, the plea stated that the law discriminates against Muslims by “imposing restrictions that are not present in the governance of other religious endowments”.

Asaduddin Owaisi argued in his petition that the Act removed protections previously accorded to Waqfs.

“This diminishing of the protection given to Waqfs while retaining them for religious and charitable endowments of other religions constitutes hostile discrimination against Muslims and is violative of Articles 14 and 15 of the Constitution, which prohibit discrimination on the grounds of religion,” said Owaisi’s plea, filed through advocate Lzafeer Ahmad.

AAP MLA Amanatullah Khan’s petition sought to declare the law unconstitutional for violating Articles 14, 15, 21, 25, 26, 29, 30 and 300-A of the Constitution.

The Association for the Protection of Civil Rights also challenged the constitutional validity of the Act in a separate petition.

With PTI inputs