Kerala Govt Opposes Waqf Amendment Act 2025 in Supreme Court, Calls Minority Apprehensions Genuine

The Government of Kerala has approached the Supreme Court, seeking to intervene in the ongoing cases that challenge the constitutional validity of the Waqf (Amendment) Act, 2025. The state has expressed serious concerns about the implications of the amendments, particularly for the Muslim community, which holds a significant number of waqf properties in Kerala.

In its application, the state argues that the 2025 amendment goes beyond the scope of the original Waqf Act, 1995. It warns that the changes could potentially infringe upon the fundamental rights guaranteed by the Constitution and alter the intrinsic character of waqf properties.

"The State is of the view that the concerns raised by the Muslim minority in Kerala—especially those regarding discrimination in managing religious affairs, including waqf and waqf assets—are legitimate," the application states. It further notes that many of the provisions introduced through the 2025 amendment appear unjust and constitutionally questionable.

Key arguments raised by Kerala include:

• The established principle of “Once a Waqf, always a Waqf” should not be undermined by removing waqf properties from the jurisdiction of the parent Act. The state refers to Section 2 of the amended Act in this regard.

• Section 3(r) introduces a new requirement where a person must prove they have been practicing Islam for at least five years to create a waqf. The state contends that this is impractical and difficult for authorities to verify.

• Section 3C(1) of the amendment is said to infringe upon matters that fall within the State List under the Constitution, such as entries 18, 35, 45, 64, and 65 of List II, thereby breaching the principles of federalism.

• A major objection is also raised against the inclusion of non-Muslim members in the Waqf Boards. Citing the amended Section 14, the state argues that this results in Muslims being a minority on boards meant for managing Muslim religious endowments. It contends that this inclusion violates Articles 14, 25, and 26 of the Constitution, which safeguard equality and the right to manage religious affairs.

The petition has been filed through Advocate-on-Record CK Sasi.

Earlier, on April 17, the Supreme Court took note of the Central Government’s assurance that it would not implement certain controversial provisions of the amendment for the time being. The Court had also permitted state governments and their respective waqf boards to submit their objections.

In addition to Kerala, the Kerala State Waqf Board has independently approached the Court, branding the law as unconstitutional and arguing that it undermines secularism and infringes upon fundamental rights.

So far, seven other states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, Gujarat, and Maharashtra—have filed applications supporting the 2025 amendment.

A Supreme Court bench led by Chief Justice of India BR Gavai and Justice AG Masih is scheduled to hear the matter tomorrow and consider whether interim relief is warranted.

Case Title: In Re: The Waqf (Amendment) Act, 2025(1)

Case Number: W.P.(C) No. 269/2025 and related petitions.