The State of Kerala has filed an intervention application in the batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on the grounds that the amendment would affect the fundamental rights of the Muslims possessing waqf properties and negate/alter the nature of these properties.
Noting that the apprehension of the Muslim minority in Kerala that they were discriminated against in the matter of right to manage religious affairs, the waqf and waqf properties was genuine, the petition submitted that many provisions of the 2025 Act were highly unjust.
Filed through Advocate-on-Record (AoR) CK Sasi, the plea contended that the 2025 amendment deviated from the scope of the parent Act (Waqf Act, 1995), which made its constitutional validity doubtful.
Referring to Section 2 of the 2025 Act,
the petitioner submitted that waqf created in whatever form could not be permitted to be unsettled by taking such waqf out of purview of the parent Act. Once a waqf always waqf was a settled principle, it added.
It further referred to Section 3(r) of 2025 Amendment, which said that for the purpose of creating a waqf, a person should show inter-alia that he was practicing Islam for at least five years.
The Kerala government said it was not possible for the State and its authorities to check whether a person has been practicing Islam or not.
The petitioner claimed that Section 3C(1) encroached upon many State subjects over which States have exclusive legislative power such as entries 18, 35, 45, 64, 65 of List II
It said there was no rational behind the inclusion of non-Muslim members in waqf boards. Such inclusion of non-Muslims violated Articles 14, 25 & 26 of the Constitution. As per amended Section 14 of the Act, members from Muslim community would be a minority in the Board, it added.
On April 17, while taking on record the Central government’s undertaking that it would not act on some of the contentious provisions of the Act, the Supreme Court allowed the state governments and state Waqf Boards to file their responses.
Earlier, the Kerala State Waqf Board had had challenged the validity of the 2025 Act, claiming that it subverted the principles of secularism and violated the fundamental rights of citizens.
The Bench of Chief Justice of India BR Gavai and Justice AG Masih will hear the matter today to consider interim orders.
The Waqf (Amendment) Act 2025, which aimed to regulate waqf properties by proposing amendments in the Waqf Act, 1995, came into effect on April 8, following a notification issued by the Ministry of Minority Affairs under Section 1(2) of the Act.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under the Islamic law. The Waqf Act, 1995, was enacted to govern the administration of waqf properties (religious endowments) in India.
It provided for the power and functions of the Waqf Council, State Waqf Boards, the Chief Executive Officer, and the mutawalli. The Act further spoke about the power and restrictions of Waqf Tribunals, which act in lieu of a civil court under its jurisdiction.
The Waqf (Amendment) Act, 2025, renamed the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency and Development Act, reflecting its broader objective to improve the management and efficiency of Waqf boards and properties.
While the 1995 Act allowed waqf to be formed by declaration, long-term use, or endowment, the Waqf Amendment Act 2025 stated that only a person practicing Islam for at least five years may declare a waqf.
It clarified that the person must own the property being declared. It removed waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also added that waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heir, including women heirs.
The 2025 Amendment removed the provision in the 1995 Act, which empowered the Waqf Board to inquire and determine if a property was waqf.
It provided that two members of the Central Waqf Council, set up to advise the Central and State governments and waqf boards, must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.
Representatives of Muslim organisations, scholars in Islamic law and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.
The 2025 Act empowered the Central government to make rules regarding the registration and publication of accounts of waqf, along with the publication of proceedings of Waqf Boards.
As per the latest Amendment, state governments can get the accounts of Waqfs audited at any point. It has empowered the Central government to get these audited by the CAG or a designated officer.
Several petitions have been filed in the Apex Court challenging the constitutional validity of the Act.
Six Bhartiya Janta Party-ruled States have filed intervention applications in the Apex Court, supporting the amendment. The petitions filed by the States of Maharashtra, Haryana, Madhya Pradesh, Rajasthan, Assam and Chhattisgarh highlighted how they would be affected, in case the constitutional validity of the 2025 Act was to be tinkered with.