Centre seeks SC hearing before order on Waqf Act

The Centre on Tuesday filed a caveat in the Supreme Court to pre-empt the possibility of any ex parte order staying the operation of the Waqf (Amendment) Act, 2025. Several opposition leaders and Muslim organisations have challenged the constitutional validity of the amended law.

By filing a caveat, a litigant urges the court to be heard before an order is passed on the petition filed by the other side

The top court is likely to take up the matter on April 15.

Chief Justice of India Sanjiv Khanna had on Monday agreed to consider listing for urgent hearing petitions challenging the constitutional validity of the Act.

Passed by the Rajya Sabha during the wee hours of April 4 with 128 members voting in favour and 95 opposing it, the Waqf (Amendment) Bill, 2025, was assent to by President Droupadi Murmu the next day. The Lok Sabha had passed it on April 3 with 288 members supporting it and 232 against it.

Under the amended law, only self-owned resources can be declared as Waqf after ensuring the inheritance rights of women and children, and the Deputy Commissioner will determine that land being donated by a Muslim is actually in his ownership. It also empowers state governments to nominate members, including representatives from Backward Classes and both Shia and Sunni communities, to Waqf boards.

Jamiat, however, has alleged that “this Bill is a dangerous conspiracy to strip Muslims of their religious freedom”, and urged the top court to prevent the law from coming into effect. It’s a “direct attack on the country’s Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom”, Jamiat has contended in its plea before the top court.

Some other Muslim organisations — All India Muslim Personal Law Board, Indian Union Muslim League and Samastha Kerala Jamiyyathul Ulama — have also moved the SC against the Act.

The DMK has filed a petition against the amendment through its Lok Sabha MP A Raja, who was a member of the Joint Parliamentary Committee on the Waqf Amendment Bill. Haryana Congress MLA Aftab Ahmad, too, has filed a petition.

The others to move court include Congress MP Mohammad Jawed, AIMIM chief Asaduddin Owaisi, Delhi AAP MLA Amanatullah Khan, and the Association for Protection of Civil Rights, an NGO.

Amended law comes into force

The Waqf (Amendment) Act, which was passed by Parliament last week, has come into force from Tuesday, a notification by the Ministry of Minority Affairs said.

India