LawChakra

Waqf (Amendment) Act, 2025 | “No Decision Without Hearing Us”: Centre Files Caveat in SC

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Today, On 8th April, The Central Government has filed a caveat in the Supreme Court concerning petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The caveat requests that no order be passed without first hearing the government’s side. This legal move ensures the Centre’s participation in any proceedings related to the Act. It reflects the government’s proactive stance amid growing legal scrutiny.

New Delhi: The Centre filed a caveat in the Supreme Court, requesting a hearing before any orders are made regarding the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

A caveat is submitted by a party in the high courts and the Supreme Court to ensure that no decisions are made without hearing from them.

More than ten petitions, including those from politicians and organizations like the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind, have been filed in the Supreme Court contesting the validity of the newly enacted law.

Lawyers involved in the matter indicated that the petitions are expected to be scheduled for a hearing before a bench on April 15, although this has not yet been reflected on the Supreme Court’s website. On April 7, a bench led by Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal, representing Jamiat Ulama-i-Hind, that they would consider listing the petitions.

President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, on April 5, which was enacted by Parliament after intense debates in both houses.

This marks a major reform in the governance of Waqf properties across the country.

The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.

The Waqf (Amendment) Bill, which faced significant opposition from various groups, including key Muslim organizations, was approved by the Lok Sabha on Wednesday and the Rajya Sabha on Thursday.

The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.

The Bill was officially referred to the Joint Committee, which issued a call for public and expert opinions to gather insights on its content.

On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.

These properties are typically donated for religious, educational, or charitable purposes and are managed by Waqf Boards established under the Act. Over the years, problems like corruption, poor management, and illegal occupation have troubled the system, leading to the need for changes and reforms.





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