Six States Approach Supreme Court Supporting Waqf Amendment Act 2025

Ahead of the hearing of the petitions challenging the Waqf Amendment Act 2025, the States of Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana and Maharashtra have filed intervention applications in the Supreme Court supporting the legislation.

They have sought to be impleaded in the petition filed by the All India Muslim Personal Law Board and another(WP(c No.284/2025). Rajasthan said that though the petition was "well-intentioned in raising certain constitutional concerns", it regrettably failed to appreciate the on-ground realities faced by State administration.

The States opposed the petitioners' arguments that the Waqf Amendment Act was violative of the Constitution and asserted that it introduced structural reforms, statutory clarity and procedural safeguards. The States highlighted that the Act was passed after extensive legislative and institutional deliberations involving Parliamentary Committees, inter-ministerial discussions and stakeholder consultations.

"The law is not only constitutionally sound and non-discriminatory but is also rooted in the values of transparency, fairness and accountability, and it serves to protect the interests of both religious endowments and the broader public," the State of Rajasthan said in its intervention application.

The States contended that the Amendment Act addressed concerns about the misuse of Section 40 of the parent Act, which allowed Waqf Boards to lay claim over any property as Waqf. According to the Rajasthan Government,the most vital reforms brought about by the Amendment Act is the statutory requirement for public notice prior to any change in the land revenue records marking a property as Waqf, which will ensure arbitrary notifications are curbed.

Asserting that the Act ensured equal treatment to all classes, they denied the Act violated Articles 14 and 15 of the Constitution.

The States also refuted the argument that the Act violated Articles 25 and 26 by contending that the amendments did not interfere with any religious practice or management of religious affairs and only provided a regulatory framework over the administration of properties.

The State of Assam particularly referred to Section 3E inserted in the Act, which bans the creation of Waqf over Scheduled Tribal areas (Fifth or Sixth Schedule of the Constitution). Assam pointed out that 8 districts of the State are covered under the 6th Schedule.

The States told the Court that they are "necessary and proper parties" in the matter to be heard as they are the primary executing authorities responsible for implementing the Act. The States said that they possess relevant data and records which can assist the Court in a proper adjudication of the matter.

A bench comprising Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan is scheduled to hear the petitions on April 16.