The State of Kerala has approached the Supreme Court opposing the Waqf Amendment Act, 2025, raising serious concerns over its impact on the Muslim minority and their religious rights.
In its plea, the Kerala government stated that the new amendment strays from the core purpose of the Waqf Act, 1995, and creates genuine fear among the Muslim community in Kerala that their fundamental rights under the Constitution may be negatively affected.
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“The State feels that the apprehension of the Muslim minority in Kerala that they are discriminated against in the matter of right to manage religious affairs, the waqf and waqf properties is genuine,” the petition reads.
“Many of the provisions of the amendment Act are highly unjust and the Constitutional validity is doubtful.”
The Kerala government has raised key constitutional and legal concerns, including:
- The principle of “Once a Waqf, always a Waqf” is being violated. Waqf properties, regardless of their form, cannot be taken outside the scope of the original Act. [Refer: Section 2 of the Waqf Amendment Act, 2025]
- Under the new amendment, an individual must prove they have been practicing Islam for at least five years to create a waqf. “It is not practical for State authorities to verify whether a person is practicing Islam.”
[Refer: Section 3(r)]
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- Section 3C(1) allegedly interferes with matters that fall under State jurisdiction, such as land and local governance. It affects State powers under Entries 18, 35, 45, 64, and 65 of List II of the Constitution.
- The Act allows non-Muslim members to be part of Waqf Boards, potentially making Muslims a minority in these religious bodies. “This inclusion violates Articles 14, 25, and 26 of the Constitution.”
[Refer: Amended Section 14]
The application was filed through Advocate-on-Record (AoR) C.K. Sasi.
In an earlier hearing on April 17, the Supreme Court took note of the Central Government’s assurance not to implement certain disputed provisions of the Act for now. The Court also allowed State Governments and State Waqf Boards to file their replies.
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Seven states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, Gujarat, and Maharashtra—have submitted applications supporting the amendment.
Meanwhile, the Kerala State Waqf Board has independently challenged the Act, stating that the changes violate secular principles and undermine fundamental rights.
“The law is unconstitutional as it subverts the principles of secularism and violates the fundamental rights of citizens,” the Waqf Board submitted.
The case is listed for hearing before a Supreme Court bench comprising Chief Justice of India BR Gavai and Justice AG Masih, who will consider interim relief and further proceedings.
Case Details: In re the Waqf(Amendment) Act,2025(1) | W.P.(C) No. 269/2025 (and connected cases)
