Waqf faces SC test from today, BJP states set to defend law | 10 things to know

The Supreme Court on Wednesday will hear a batch of pleas challenging the constitutional validity of the several provisions of the Waqf (Amendment) Act, with six BJP-ruled states intending to defend the law.

The Waqf (Amendment) Act came into force last week, on April 8, as per a notification from the central government. This came after the Waqf (Amendment) Bill, 2025, was passed in both the Lok Sabha and Rajya Sabha last month, and President Droupadi Murmu giving her assent to it on April 5.

The Supreme Court hearing gains significance in the backdrop of the growing tensions across some states over the protest against the Waqf (Amendment) Act, with agitations in West Bengal hitting the headlines over the past week. At least three people were killed in the Murshidabad district in the aftermath of a mob violence against the Waqf act.

Waqf Amendment Act in SC | 10 Points

Waqf (Amendment) Act, 2025: While the Waqf (Amendment) Bill got passed in the Parliament after massive debates in both the houses, it continued to receive heavy flak from the opposing parties who called it “anti-Muslim” and “unconstitutional”. The Centre, however, defended the bill as a “historic reform” aimed at providing benefits to the minority community.

Waqf bill passed: In Lok Sabha, the Waqf amendment bill was passed with 232 of the 288 votes in favour. While in Rajya Sabha 128 votes were in favour of the legislation and 95 against.

Waqf act SC hearing: Several opposition leaders challenged the law in the top court, with a bench headed by Chief Justice of India Sanjiv Khanna, comprising Justices Sanjay Kumar and KV Viswanathan, set to take up around 10 pleas on Wednesday.

SC on directing enacting of law: Earlier, the Supreme Court had clarified that neither it nor the high courts can direct the legislature to enact a law in a particular manner. While hearing a plea against a February 2024 order of the Delhi high court which disposed of a PIL on the issue, a bench of Justices of BR Gavai and Augustine George Masih observed, “The Parliament, after considering every aspect, has come out with a new enactment.

In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner.”

Pleas challenging Waqf act: The challenging petitioners include the Congress, DMK, CPI, Aam Aadmi Party, YSRCP, Tamilaga Vettri Kazhagam chief (actor) Vijay, and organizations such as the All India Muslim Personal Law Board.

‘Brazen violation’ of Muslims’ rights: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi also moved the top court against the Waqf (Amendment) Act, 2025, arguing that the law “brazenly violates the fundamental rights of Muslims and the Muslim community”.

Tamil Nadu challenges Waqf act: Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) filed a writ petition in the Supreme Court challenging the legality of the Waqf act and alleged that the amendment of the law violates the fundamental rights of nearly 5 million Muslims in the southern state and 200 million across the nation.

Earlier, the Tamil Nadu legislative assembly had also passed a resolution urging the Union government to withdraw the bill.

Rajasthan govt to defend Waqf act: Meanwhile, the Rajasthan government approached the Supreme Court to become a party in the ongoing batch of pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Bhajan Lal Sharma-led government defends the Act as a transparent and constitutionally sound reform.

Uttarakhand Waqf board backs Waqf law: The Uttarakhand Waqf Board on Monday submitted an application to the Supreme Court and sought permission to intervene in a writ petition filed by AIMIM MP Asaduddin Owaisi challenging Waqf amendment act’s legal validity. The board, which has been in support of the Waqf law, said that they should be allowed to present legal and factual information about the issues related to the law before the court. Other than this, states like Madhya Pradesh, Assam, and Maharashtra have also moved SC to support the law.

Centre clarifies on Waqf act: The Centre has repeatedly clarified that the Waqf (Amendment) Act does not target the Muslim community rather is meant to rectify “past mistakes”. Union minister Kiren Rijiju on Tuesday said that the government’s intention was to ensure there is no provision for anyone in India to “forcefully and unilaterally” take over another person’s land. He further stated that the Waqf law was amended as certain provisions had granted “unprecedented power and authority to the Waqf Boards”.