The States of Haryana, Madhya Pradesh, Maharashtra, Rajasthan, Chhattisgarh and Assam have moved the Court contending that constitutionality of the Amendment Act must be upheld.
Bar and bench / JK News Today
New Delhi, April 16: Six Bhartiya Janta Party-ruled States have moved the Supreme Court in support of the Waqf (Amendment) Act, 2025.
The intervention plea filed by the States have primarily highlighted how they would be affected in case the constitutionality of the Amendment Act is tinkered with.
State of Haryana has filed the intervention application in the plea moved by AAP leader Amanatullah Khan challenging the vires of the Amendment Act.
Haryana government has stated that one of the key objectives of the Amendment Act is to ensure unified Waqf management by addressing persistent challenges such as the incomplete survey of Waqf properties, improper accounting, significant pendency of litigation in Waqf tribunals and boards and irregular or missing mutation of Waqf properties, auditing practices by Mutawallis etc.
State of Maharashtra has stated that it is necessary for the State government to assist the top court with parliamentary records and recommendations, ground realities gathered from nationwide consultations, comparative frameworks of religious endowment laws in India and empirical data on misuse and lack of transparency in Waqf administration.
State of Madhya Pradesh has submitted that Amendment Act seeks to usher in substantial reform in the management and regulation of Waqf properties by enhancing transparency, accountability, and governance mechanisms.
“The said Act envisages a legally sound, technologically driven, and streamlined framework for the effective administration of Waqf assets, while furthering the socio-economic development of the intended beneficiaries,” the plea by MP states.
State of Rajasthan has contended that 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,” Rajasthan has contended.
The fifth such plea by State of Chhattisgarh states that the amendments aim to simplify procedures and improve coordination between Waqf Boards and local authorities.
“The digital portal for waqf property management is intended to improve tracking, identification and oversight with a purpose of strengthening the auditing and accounting measures,” reads the plea.
State of Assam has submitted that it would be affected by any decision from the top court since as per the Amendment Act, newly inserted Section 3E has imposed a bar on declaration of any land in Scheduled or Tribal Area (Fifth Schedule or Sixth Schedule) as waqf.
“In the Applicant-State, there are 8 Administrative Districts out of total 35, which are covered under the Sixth Schedule of the Constitution,” the plea says.
