Waqf (Amendment) Act comes into force, SC to hear pleas against it on April 15

New Delhi: The Supreme Court is likely to hear on April 15 a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Centre on Tuesday filed a caveat in the top court, seeking to be heard before any interim order is passed in the matter. A caveat is filed in the Supreme Court or High Courts to ensure that no decision is taken without hearing the party that filed it.

Meanwhile, a government notification stated that the Waqf (Amendment) Act, 2025, which was passed by Parliament last week, came into force on April 8. “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,” the Ministry of Minority Affairs said.

President Droupadi Murmu gave her assent to the Bill on April 5, following its passage through both Houses of Parliament amid heated debate. In the Rajya Sabha, 128 members voted in favour while 95 opposed the bill. In the Lok Sabha, the bill passed with 288 votes in favour and 232 against.

Over 10 petitions in court
Over 10 petitions have been filed in the Supreme Court by individuals and organisations including the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, and political leaders from the DMK, Congress, RJD, AIMIM and AAP. These challenge the Act on grounds of religious discrimination and violation of fundamental rights.

Lawyers familiar with the development said the petitions were likely to be listed for hearing before a bench on April 15, although this has not yet been reflected on the apex court website. On April 7, a bench led by Chief Justice Sanjiv Khanna had assured senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind, that it would consider listing the matter.

The DMK, which moved the apex court through its deputy general secretary A Raja, said in a statement that the Act was pushed through Parliament “without proper consideration of objections raised by the JPC and other stakeholders”. The party argued that the immediate implementation of the Act threatens the rights of nearly 50 lakh Muslims in Tamil Nadu and 20 crore across the country.

In its petition filed on April 6, the AIMPLB described the amendments as “arbitrary, discriminatory, and based on exclusion”. Spokesperson SQR Ilyas said the new law violates fundamental rights under Articles 25 and 26 of the Constitution and reflects the government's intent to take over the administration of Waqf properties, sidelining the Muslim community.

The plea, settled by advocate M R Shamshad and filed by advocate-on-record Talha Abdul Rahman, was submitted on behalf of AIMPLB General Secretary Maulana Fazlur Raheem Mujaddidi.

Jamiat Ulama-i-Hind, in its plea, alleged that the law amounts to a “dangerous conspiracy” to strip Muslims of their religious freedom and termed it a “direct attack on the Constitution”.

Samastha Kerala Jamiathul Ulema, a Sunni Muslim religious organisation, described the law as a “blatant intrusion” into the rights of religious denominations to manage their own affairs.

Congress MP Mohammad Jawed’s plea argued that the Act imposed “arbitrary restrictions” on Waqf properties and discriminated against Muslims by imposing controls not seen in the governance of other religious endowments.

AIMIM MP Asaduddin Owaisi, in a separate plea, said the Act removes protections previously available to Waqfs, while retaining them for Hindu, Sikh, and Jain endowments, calling it “hostile discrimination” in violation of Articles 14 and 15.

AAP MLA Amanatullah Khan, in his petition, has sought the law be declared unconstitutional, citing violations of multiple fundamental rights, including Articles 14, 15, 21, 25, 26, 29, 30, and 300-A. An NGO, the Association for the Protection of Civil Rights, has also filed a petition in the top court challenging the validity of the Act.