Pleas against Waqf Act: Centre files caveat in Supreme Court

As several opposition leaders and Muslim organisations challenged the constitutional validity of the Waqf (Amendment) Act, 2025, the Centre on Tuesday filed a caveat in the Supreme Court to pre-empt the possibility of any ex-parte order staying the operation of the amended law.

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By filing a caveat in a court, a litigant urges the court to be heard before an order is passed on the petition filed by the other side.

The top court is likely to take up the matter on April 15 – a computer-generated date assigned to some of the petitions challenging the Act.

Chief Justice of India Sanjiv Khanna had on Monday agreed to consider listing for urgent hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 – assented to by President Droupadi Murmu on April 5. The Act came into force from April 8, according to a government notification.

Passed by the Rajya Sabha during the wee hours of Friday with 128 members voting in favour and 95 opposing it, the Waqf (Amendment) Bill 2025 was given assent to by President Murmu on Saturday. The Lok Sabha passed the Bill on Thursday with 288 members supporting it and 232 against it.

Under the amended law, only self-owned resources can be declared as Waqf after ensuring the inheritance rights of women and children and the DC will determine that the land being donated by a Muslim is actually in his ownership. It also empowers state governments to nominate members, including representatives from backward classes and both Shia and Sunni communities, to Waqf boards.

However, alleging that “this bill is a dangerous conspiracy to strip Muslims of their religious freedom”, Jamiat urged the top court to prevent the law from coming into effect. It’s a “direct attack on the country’s Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom”, Jamiat contended.

Some other Muslim organisations – All India Muslim Personal Law Board, Indian Union Muslim League and Samastha Kerala Jamiyyathul Ulama – have also moved the top court against the Act.

The DMK has also filed a petition against the amendment through its party deputy general secretary and Lok Sabha MP A Raja, who was also a member of the Joint Parliamentary Committee on the Waqf Amendment Bill. Haryana Congress MLA Aftab Ahmad has also filed a petition against the amendment.

Congress MP Mohammad Jawed, AIMIM chief Asaduddin Owaisi and AAP MLA in Delhi Amanatullah Khan have already approached the Supreme Court against the amendment. An NGO -- Association for Protection of Civil Rights -- has also moved the top court against the Bill. Several other political parties and Muslim organisations are likely to follow suit.

Jawed -- a Lok Sabha MP from Kishanganj, Bihar -- alleged that the amended law imposed "arbitrary restrictions" on Waqf properties and their management, undermining the religious autonomy of the Muslim community.

Owaisi contended that the bill took away various protections accorded to Waqfs and Hindu, Jain and Sikh religious and charitable endowments alike and discriminated against Muslims.