Supreme Courtroom to listen to pleas towards Waqf Modification Act on Apr 16; six BJP-ruled States transfer court docket to help the regulation

The Supreme Courtroom will possible hear on Wednesday (April 16, 2025) a batch of petitions, together with the one in all AIMIM chief Asaduddin Owaisi, towards the constitutional validity of the Waqf (Modification) Act, 2025.

Waqf (Modification) Invoice | Evaluation and explainers from The Hindu

A 3-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Ok.V. Viswanathan, up to now, listed 10 petitions on the difficulty.

Along with Mr. Owaisi’s plea, the court docket listed for listening to the petitions filed by AAP chief Amanatullah Khan, Affiliation for the Safety of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD chief Manoj Kumar Jha.

A number of contemporary pleas, that are but to be listed, had been filed within the high court docket subsequently together with those filed by TMC MP Mahua Moitra, Samajwadi Get together MP from Sambhal, Zia-ur-Rahman Barq.

The YSRCP-led by former Andhra Pradesh Chief Minister Jagan Mohan Reddy, the Communist Get together of India (CPI), Tamilaga Vettri Kazhagam (TVK) chief and actor-turned-politician Vijay have additionally moved the highest court docket on the difficulty.

Advocate Hari Shankar Jain and one Mani Munjal have additionally filed a separate petition difficult the constitutional validity of a number of provisions of the regulation on the bottom that they violate elementary rights of non-Muslims following which the CJI agreed to record it.

The Centre, on April 8, filed a caveat within the apex court docket and sought a listening to earlier than any order was handed within the matter.

A caveat is filed by a celebration within the excessive courts and the apex court docket to make sure that no orders are handed with out listening to it.

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

On April 7, a bench headed by the CJI assured senior advocate Kapil Sibal, showing for Jamiat Ulama-i-Hind, to think about itemizing the petitions.

States help the regulation

In a major improvement, six BJP-ruled states together with Madhya Pradesh and Assam have approached the Supreme Courtroom to help the constitutionality of the Waqf (Modification) Act, 2025.

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

Haryana, which has filed the intervention within the lead petition, emphasised the pressing want for reform within the administration of Waqf property.

The state authorities pointed to persistent points corresponding to incomplete property surveys, lack of correct accounting, long-pending instances in Waqf tribunals and irregular or lacking data of property mutations.

It stated the amended regulation seeks to convey a unified construction for Waqf administration and guarantee better oversight of Mutawallis (custodians).

The Maharashtra authorities asserted that it’s essential to help the apex court docket by offering parliamentary data, committee suggestions and insights from nationwide consultations.

It additionally promised to share comparative frameworks of non secular endowment legal guidelines throughout India together with empirical information highlighting misuse and lack of transparency within the Waqf administration.

In response to the plea by Madhya Pradesh, the Waqf regulation goals to result in important reforms within the governance and regulation of Waqf properties.

The state emphasised that the regulation envisions a legally strong and technology-driven system that promotes transparency, accountability and socio-economic upliftment of meant beneficiaries.

The Rajasthan authorities raised issues over previous practices the place properties — whether or not privately owned or held by the state — had been being declared Waqf belongings with out due course of.

The brand new provisions, it stated, appropriate this by mandating a 90-day public discover in two extensively circulated newspapers earlier than any such declaration.

This transfer, Rajasthan contended, ensures transparency and procedural equity by giving affected stakeholders an opportunity to boost objections.

Chhattisgarh, in its plea, underlined the significance of simplifying administrative procedures and enhancing coordination between Waqf boards and native authorities.

The creation of a digital portal for Waqf property administration, the state famous, will assist in higher monitoring, identification and auditing of belongings, in the end strengthening transparency in monetary practices.

Assam’s plea drew consideration to Part 3E of the amended Act, which bars any declaration of land in Scheduled or Tribal Areas — lined below the Fifth or Sixth Schedule of the Structure — as Waqf property.

The state identified that eight of its 35 districts fall below the Sixth Schedule and, thus, it has a direct stake within the consequence of the case.

The Uttarakhand Waqf Board, which has been supporting the Waqf (Modification) Act, has additionally submitted an utility within the Supreme Courtroom looking for permission to intervene within the writ petition filed by Owaisi difficult the constitutional validity of the regulation.

The invoice was handed within the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 towards it.