Supreme Court to hear pleas against Waqf Amendment Act on April 16; six BJP-ruled States move court to support the law

A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan, so far, listed 10 petitions on the issue

The Supreme Court will likely hear on Wednesday (April 16, 2025) a batch of petitions, including the one of AIMIM leader Asaduddin Owaisi, against the constitutional validity of the Waqf (Amendment) Act, 2025. A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan, so far, listed 10 petitions on the issue.

In addition to Mr. Owaisi’s plea, the court listed for hearing the petitions filed by AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha.

Several fresh pleas, which are yet to be listed, were filed in the top court subsequently including the ones filed by TMC MP Mahua Moitra, Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq.

The YSRCP-led by former Andhra Pradesh Chief Minister Jagan Mohan Reddy, the Communist Party of India (CPI), Tamilaga Vettri Kazhagam (TVK) chief and actor-turned-politician Vijay have also moved the top court on the issue.

Advocate Hari Shankar Jain and one Mani Munjal have also filed a separate petition challenging the constitutional validity of several provisions of the law on the ground that they violate fundamental rights of non-Muslims following which the CJI agreed to list it. The Centre, on April 8, filed a caveat in the apex court and sought a hearing before any order was passed in the matter.

A caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.

The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners.

On April 7, a bench headed by the CJI assured senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind, to consider listing the petitions.

States support the law

In a significant development, six BJP-ruled states including Madhya Pradesh and Assam have approached the Supreme Court to support the constitutionality of the Waqf (Amendment) Act, 2025.

The six BJP-ruled states — Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam — have filed separate pleas highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.

Haryana, which has filed the intervention in the lead petition, emphasised the urgent need for reform in the management of Waqf property.

The state government pointed to persistent issues such as incomplete property surveys, lack of proper accounting, long-pending cases in Waqf tribunals and irregular or missing records of property mutations.