Five states back Waqf Amendment Act in Supreme Court, seek to join case

Update: 2025-04-14 19:45 GMT

New Delhi: In a significant development ahead of the Supreme Court hearing on April 16 regarding the petitions challenging the Waqf Amendment Act, 2025, five states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, and Maharashtra—have moved the court seeking to intervene in the matter.

The states filed applications to be added as parties in the petitions filed by the All India Muslim Personal Law Board and others. Rajasthan, in its application, remarked that while the petition raises constitutional questions, it “fails to take into account the operational difficulties faced by the state administration.”

The intervening states defended the Amendment Act, stating it brought necessary reforms and procedural clarity to the administration of Waqf properties. Rajasthan submitted that the law “is constitutionally sound, non-discriminatory, and grounded in transparency, fairness, and accountability.”

The applications argued that the amendment addressed longstanding issues, particularly the scope of Section 40 of the original Act, which allowed Waqf Boards to assert claims over properties. Rajasthan noted that requiring a public notice before any revenue record change designating property as Waqf was a critical safeguard introduced by the amendment. Refuting claims of constitutional violations, the states submitted that the law treats all communities equally and does not infringe on religious rights under Articles 25 and 26. Assam highlighted the addition of Section 3E, which prohibits the declaration of Waqf in Scheduled Tribal Areas, noting its relevance to eight of its districts under the Sixth Schedule.

The states urged the bench to consider their submissions, citing their role in executing the Act and access to essential data for the case.

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