Six BJP-ruled states move Supreme Court to support new Waqf law

New Delhi: In a significant development, six BJP-ruled states including Madhya Pradesh and Assam have approached the Supreme Court to support the constitutionality of the Waqf (Amendment) Act, 2025.

A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan is likely to hear at 2 pm a batch of petitions, including the one of AIMIM leader Asaduddin Owaisi, against the constitutional validity of the new Waqf law.

The six BJP-ruled states -- Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam -- have filed separate pleas highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.

Haryana, which has filed the intervention in the lead petition, emphasised the urgent need for reform in the management of Waqf property.

The state government pointed to persistent issues such as incomplete property surveys, lack of proper accounting, long-pending cases in Waqf tribunals and irregular or missing records of property mutations.

It said the amended law seeks to bring a unified structure for Waqf management and ensure greater oversight of Mutawallis (custodians).

The Maharashtra government asserted that it is crucial to assist the apex court by providing parliamentary records, committee recommendations and insights from national consultations.

It also promised to share comparative frameworks of religious endowment laws across India along with empirical data highlighting misuse and lack of transparency in the Waqf administration.

According to the plea by Madhya Pradesh, the Waqf law aims to bring about significant reforms in the governance and regulation of Waqf properties.

The state emphasised that the law envisions a legally robust and technology-driven system that promotes transparency, accountability and socio-economic upliftment of intended beneficiaries.

The Rajasthan government raised concerns over past practices where properties -- whether privately owned or held by the state -- were being declared Waqf assets without due process.

The new provisions, it said, correct this by mandating a 90-day public notice in two widely circulated newspapers before any such declaration.

This move, Rajasthan contended, ensures transparency and procedural fairness by giving affected stakeholders a chance to raise objections.

Chhattisgarh, in its plea, underlined the importance of simplifying administrative procedures and improving coordination between Waqf boards and local authorities.

The creation of a digital portal for Waqf property management, the state noted, will help in better tracking, identification and auditing of assets, ultimately strengthening transparency in financial practices.

Assam's plea drew attention to Section 3E of the amended Act, which bars any declaration of land in Scheduled or Tribal Areas -- covered under the Fifth or Sixth Schedule of the Constitution -- as Waqf property.

The state pointed out that eight of its 35 districts fall under the Sixth Schedule and, thus, it has a direct stake in the outcome of the case.

The Uttarakhand Waqf Board, which has been supporting the Waqf (Amendment) Act, has also submitted an application in the Supreme Court seeking permission to intervene in the writ petition filed by Owaisi challenging the constitutional validity of the law.