Institute of Legal and Management Studies

The State of Kerala has sought intervention in the batch of cases involving challenge to the constitutionality of the Waqf Amendment Act, 2025.

The State contends that the 2025 amendment deviated from the scope of the parent Act ie the Waqf Act, 1995. It further states that its Muslim population, having waqf properties, has "genuine apprehension" that the amendment would affect their fundamental rights under the Constitution and negate/alter the nature of their 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. Many of the provisions of the amendment Act are highly unjust and the Constitutional validity is doubtful", the plea states.

Some of the other contentions raised by the State are as follows:

- “Once a Waqf always Waqf” is a settled principle. Waqf created in whatever form cannot be permitted to be unsettled by taking such waqf out of purview of the parent Act [Refer: Section 2 of 2025 Act];

- According to the present amendment, for the purpose of creating a Waqf, a person should show inter-alia that he is practicing Islam for at least 5 years. However, it is not possible for the State and its authorities to check whether a person is practicing Islam or not [Refer: Section 3(r) of 2025 Act];

- Section 3C(1) encroaches upon many State subjects over which States have exclusive legislative power such as entries 18, 35, 45, 64, 65 of List II;

- There is no rational behind inclusion of non-Muslim members in Waqf Boards. Such inclusion of non-Muslims violates Articles 14, 25 & 26 of the Constitution. "As per amended Section 14 of the Act, members from Muslim community will be a minority in the Board."

The State's application is filed through AoR CK Sasi.

Notably, on April 17, the Supreme Court, while recording the Centre's undertaking not to act on some of the contentious provisions of the Act, allowed the State Governments and State Waqf Boards to file their responses.

Seven states - Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, Gujarat and Maharashtra - have filed intervention applications supporting the 2025 Amendment Act.

The Kerala State Waqf Board is also before the Court opposing the Waqf Amendment Act 2025. It contends that the law is unconstitutional as it "subverts the principles of secularism and violates the fundamental rights of citizens."

A bench comprising Chief Justice of India BR Gavai and Justice AG Masih will hear the matter tomorrow to consider interim orders.

Case Details: In re the Waqf(Amendment) Act,2025(1) | W.P.(C) No. 269/2025 (and connected cases)