In its plea, Kerala has said that Muslims in the State are worried that this new law could be used in a way that discriminates against them, especially in how waqf properties are handled and managed.
Kerala: The Kerala government has filed a petition in the Supreme Court to express its strong opposition to the Waqf (Amendment) Act, 2025, a law passed earlier this year that makes major changes to how waqf properties are managed in India.
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The State government has asked the Supreme Court to allow it to intervene in a group of pending petitions that are already challenging the constitutional validity of the amendment.
In its plea, Kerala has said that Muslims in the State are worried that this new law could be used in a way that discriminates against them, especially in how waqf properties are handled and managed.
The State said in its petition:
“There is quite a large percentage (of) Muslims in Kerala and they have got their own waqf and waqf properties. They have got genuine apprehension that implementation of the present amendment Act would deny them their fundamental rights under the Constitution including Article 25; and that the implementation would negate or alter the nature and status of waqf and waqf properties. 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.”
Waqf properties are lands or assets given for religious or charitable purposes under Islamic law. They are often used to support mosques, madrasas, orphanages, and other religious or community institutions. These properties are protected by law, and any changes to the way they are managed can have a big impact on the Muslim community.
The Waqf (Amendment) Act, 2025 was passed in the Lok Sabha on April 3, cleared by the Rajya Sabha on April 4, and received Presidential assent on April 5. It introduced significant changes to the Waqf Act of 1995, which had earlier governed such properties.
Shortly after it became law, several petitions were filed in the Supreme Court claiming that the amendment violates the constitutional rights of Muslims.
The petitioners argue that the amendment is a form of discrimination and amounts to unnecessary interference in Islamic religious affairs and the management of waqf properties.
Now, the Kerala government has joined these petitioners, saying that it also believes the amendment is unjust and may not hold up constitutionally.
The plea, filed through Advocate-on-Record CK Sasi, says:
“Many of the provisions of the amendment Act are highly unjust and the Constitutional validity is doubtful. The State of Kerala is therefore very much interested in the outcome of the present Writ Petitions.”
The Union Government has defended the amendment. It says the changes were brought in to stop misuse of waqf laws that were allegedly being used to illegally take over private or government properties.
At the same time, six BJP-ruled States—Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam—have filed intervention applications supporting the Central government.
These States say that any changes to the new law would also affect their rights and how they manage land and property matters related to waqf.
In an unexpected move, a Kerala-based Hindu organisation named Sree Narayana Manava Dharmam Trust has also filed a plea opposing the amendment. It believes that the new law endangers the very existence of the Muslim community in India.
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On April 17, the Central Government gave an assurance to the Supreme Court that it would not enforce some key parts of the amendment for now. This assurance was given to a Bench led by Chief Justice Sanjiv Khanna at the time. The Court noted the assurance but did not put a formal stay on the law.
The matter is now set to be heard again today by a Bench comprising Chief Justice BR Khanna and Justice AG Masih.
