Rajasthan govt moves SC seeking to be party in pleas challenging Waqf (Amendment) Act

New Delhi [India], April 14 (ANI): The Rajasthan government has approached the Supreme Court seeking to implead itself as a party in the pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
Rajasthan, in its impleadment application, said that the state government has a direct, substantial, and legally protectable interest in the subject matter of the present proceedings. As the primary executing authority responsible for implementing the Waqf Act and the Amendment Act, the state plays a central role in regulating and overseeing Waqf properties and their administration.
"In this capacity, the state is also constitutionally entrusted with the responsibilities of upholding the rule of law, protecting public property, ensuring fair administration, and fostering accountable governance in accordance with the constitutional framework," it said while defending the Act.
Rajasthan's BJP government said that the state government has repeatedly encountered cases where government land, public parks, roadways, and private properties have been erroneously or fraudulently marked as Waqf, sometimes based on mere assertions of historical use. This has thereby paralysed development projects, disrupted public infrastructure, and multiplied land-related disputes.
The Rajasthan government stated that the Amendment Act provides a lawful and structured pathway to eliminating such abuse while preserving the genuine character and sanctity of Waqf institutions.
"The law is not only constitutionally sound and non-discriminatory, but it 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, said the Rajasthan government while defending the Act.
The government said that among 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.
"Historically, properties--including those privately held or owned by the state--were being unilaterally and surreptitiously declared as Waqf properties, without affording affected individuals or authorities the opportunity to object or be heard. The Amendment now mandates that a 90-day public notice be published in two widely circulated newspapers, thereby providing sufficient transparency, public awareness, and an opportunity for stakeholders to raise objections, if any. This provision curbs arbitrary notifications and fortifies procedural due process," the application stated.
The Supreme Court is set to hear a batch of petitions challenging the validity of the Waqf (Amendment) Act, 2025, on April 16.
The pleas would be heard by a bench of the Chief Justice of India, Sanjiv Khanna, and Justices Sanjay Kumar and KV Vishwanathan.
The central government also filed a caveat application in the Supreme Court urging it to hear the government in the petitions filed before it challenging the validity of the Waqf (Amendment) Act. A Caveat application is filed by a litigant to ensure that no adverse order is passed against him or her without being heard.
Several petitions were filed in the apex court challenging the Act, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.
President Droupadi Murmu gave her assent on April 5 to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi, Congress MPs Mohammad Jawed and Imran Pratapgarhi, MP Mahua Moitra, AAP MLA Amanatullah Khan, MLA from National People's Party India (NPP) party in Manipur Sheikh Noorul Hassan, MP and President of the Azad Samaj Party Chandra Shekhar Azad, Samajwadi Party MP from Sambhal Zia Ur Rehman Barq, President of the Islamic cleric's body Jamiat Ulema-i-Hind Maulana Arshad Madani, Kerala Sunni scholars' body Samastha Kerala Jamiatul Ulema, Social Democratic Party of India, Indian Union Muslim League, and NGO Association for Protection of Civil Rights have already approached the top court against the Act.
The All India Muslim Personal Law Board (AIMPLB) also challenged the Act, saying it strongly objected to the amendments passed by Parliament for being "arbitrary, discriminatory and based on exclusion".
Manoj Jha and Faiyaz Ahmad, MP in Rajya Sabha from Bihar's RJD, have also challenged the Waqf (Amendment) Act, 202,5 on the grounds that it facilitates large-scale government interference in Muslim religious endowments. RJD MLA from Bihar Muhammad Izhar Asfi also challenged the Act.
The ruling party Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, through its MP A Raja, who was a member of the Joint Parliamentary Committee on the Waqf Bill, also approached the apex court against the Act. The Communist Party of India, through its General Secretary D Raja and Tamilaga Vettri Kazhagam (TVK) President and actor Vijay, have also challenged the Act.
In his plea, Javed, who was also a member of the Joint Parliamentary Committee on the Waqf (Amendment) Bill, 2024, said that the Act discriminates against the Muslim community by imposing restrictions that are not present in the governance of other religious endowments.
In his plea, Owaisi stated that the amended Act "irreversibly dilutes" the statutory protections afforded to Waqfs and their regulatory framework while conferring undue advantage upon other stakeholders and interest groups, undermining years of progress, and setting back Waqf management by several decades.
Satish Kumar Aggarwal, a member of Akhil Bharat Hindu Mahasabha, and Vishnu Gupta, the National President of the NGO Hindu Sena, filed applications in the top court to defend the Act while opposing the petitions challenging the Waqf (Amendment) Act.
A PIL was also filed challenging the various provisions of Waqf Act,1995 and certain provisions of Waqf (Amendment) Act, 2025, alleging discrimination against other communities and demanding equal status and safeguards for their properties. (ANI)