The Supreme Court recorded the Centre’s assurance not to enforce specific provisions of the Waqf Amendment Act, 2025, amid ongoing constitutional challenges. In its initial response, the Kerala State Waqf Board termed the amendments unconstitutional, alleging that they erode secular values and infringe upon fundamental rights guaranteed under the Constitution.
The Waqf Amendment Act, 2025 introduced several changes to the Waqf Act, 1995. These include the removal of waqf-by-user recognition, the imposition of a five-year religious practice condition to create waqfs, allowance for inclusion of non-Muslims in Waqf Boards and the Central Waqf Council, transfer of adjudicatory powers from Waqf Boards to district authorities, and curtailment of traditional powers previously vested with Survey Commissioners and Waqf Boards. The Kerala State Waqf Board, being an institutional stakeholder, filed its objection before the Supreme Court challenging the validity of the amendments.
The Kerala Board submitted that the amendments are arbitrary and discriminatory in nature, alleging that the Central Government is “adopting a pick-and-choose policy” aimed at controlling the religious properties of select communities. The Board argued that permitting non-Muslims to participate in the management of Waqf institutions violates Article 26 of the Constitution, which guarantees every religious denomination the right to manage its own affairs.
It was also contended that the removal of Section 40, which empowered Waqf Boards to determine whether a property qualifies as Waqf, severely impairs their autonomy. The delegation of this function to District Collectors, according to the Board, would not only delay the adjudication process but also expose Waqf properties to the risk of alienation.
In relation to the proposed appellate mechanism against Waqf Tribunal decisions, the Board submitted that such a move would lead to delays and cause injustice to the stakeholders. Furthermore, the application of the Limitation Act to the Waqf Act was also opposed, on the grounds that it would hinder the recovery of alienated Waqf properties.
While no final verdict has been issued yet, the Supreme Court on April 17 took on record the Centre’s undertaking to refrain from acting upon contentious provisions of the 2025 Amendment. The Court, in its interim directive, granted liberty to State Governments and Waqf Boards to submit their detailed responses.
Among the points raised by the Kerala Board, the Court noted with interest the challenge regarding the inclusion of non-Muslims in religious boards and the corresponding alleged violation of Article 26. Additionally, the Court acknowledged the concerns regarding the shifting of powers from statutory boards to administrative officials, which may have implications on the constitutional mandate of secular governance.
The Kerala Board, in its submission, stated, "Currently, the clauses in the impugned Act have been included in a way that completely subverts the basic principles of secularism and fundamental rights of the citizens… These amendments, which seek to undermine the fundamental rights guaranteed by India’s governance structure, point to some ulterior motives."
Taking cognizance of the multiplicity of petitions and wide-ranging constitutional issues involved, the Supreme Court directed that all concerned State Governments and Waqf Boards be given the opportunity to place their respective stands on record. The matter will now be listed for further consideration, where the constitutional validity of the Waqf Amendment Act, 2025, is expected to undergo detailed judicial scrutiny.
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