Waqf Amendment Act Faces Crucial Supreme Court Test: BJP States Line Up in Support

The Supreme Court of India is set to begin hearing a series of petitions on Wednesday challenging the constitutional validity of various provisions in the Waqf (Amendment) Act, 2025. The hearings come just over a week after the law officially came into force on April 8, following its passage through both Houses of Parliament and presidential assent on April 5.

As legal and political scrutiny intensifies, six BJP-ruled states have stepped forward to defend the legislation, setting the stage for a high-stakes legal and ideological showdown. The hearings are taking place amid rising public tensions and protests, particularly in West Bengal, where violent clashes in Murshidabad resulted in the deaths of at least three people last week.

1. What Is the Waqf (Amendment) Act, 2025?
The Act modifies several key provisions of the original Waqf Act, aiming, according to the Centre, to reform and streamline Waqf board operations across the country. The government insists that the changes are meant to increase transparency and accountability, especially regarding land management, and to prevent the misuse of power by Waqf Boards. Critics, however, argue that the law targets Muslim religious and community institutions and erodes their legal safeguards.

2. Parliamentary Journey of the Bill
The Waqf (Amendment) Bill saw intense debates in both the Lok Sabha and Rajya Sabha. In the lower house, it was passed with 232 votes in favour out of 288. In the upper house, 128 MPs supported the Bill, while 95 voted against it. Despite fierce opposition, the bill cleared both Houses before receiving presidential assent.

3. Supreme Court Hearing: The Bench
The constitutional validity of the new law is being challenged before a three-judge bench of the Supreme Court led by Chief Justice Sanjiv Khanna, and comprising Justices Sanjay Kumar and KV Viswanathan. On Wednesday, the court is expected to take up around 10 separate petitions filed by political parties, individuals, and community organizations.

4. Who Are the Petitioners?
Among the prominent petitioners are opposition political parties like the Congress, DMK, CPI, Aam Aadmi Party (AAP), and YSR Congress Party. Actor and Tamilaga Vettri Kazhagam leader Vijay has also joined the petitioners, along with the All India Muslim Personal Law Board. These parties have broadly described the law as “anti-Muslim” and a violation of fundamental constitutional rights, particularly Article 25 and 26 which guarantee religious freedom.

5. Tamil Nadu’s Legal Offensive
The DMK-led government of Tamil Nadu has taken a particularly strong stance against the Act. A writ petition filed in the Supreme Court argues that the amendment infringes upon the rights of nearly 5 million Muslims in Tamil Nadu and about 200 million across India. The Tamil Nadu assembly had earlier passed a resolution urging the Centre to withdraw the bill, citing fears of disenfranchisement and discrimination.

6. Violence in West Bengal Highlights Growing Tensions
Protests in several parts of West Bengal escalated into violence last week, with Murshidabad district witnessing the worst of it. At least three people were reportedly killed during clashes involving mobs opposed to the new Waqf law. The state government has condemned the violence and called for calm but has yet to file any legal intervention in the matter.

7. BJP States Step in to Defend
In contrast to the opposition, six BJP-ruled states, including Rajasthan, Madhya Pradesh, Assam, Maharashtra, Uttarakhand, and Uttar Pradesh, have submitted applications to support the Centre and become parties to the case. Rajasthan’s Bhajan Lal Sharma government has defended the law as a “transparent and constitutionally valid reform”. These governments argue that the amendments are aimed at curbing illegal land occupation and abuse of authority within Waqf Boards.

8. Uttarakhand Waqf Board Weighs In
The Uttarakhand Waqf Board has also stepped into the legal battlefield. On Monday, it filed an application seeking permission to intervene in a petition filed by AIMIM MP Asaduddin Owaisi. The Board stated that it supports the Act and should be allowed to present legal and factual arguments on how the amendments could help address long-standing governance issues.

9. Centre’s Defense: A Matter of Justice
Union Law Minister Kiren Rijiju, defending the amendments, said that the legislation is not directed at any religious community. He stressed that the goal is to ensure no individual or body can forcefully or unilaterally occupy land under the guise of Waqf. Rijiju added that the original law gave “unprecedented authority” to Waqf Boards, which needed correction for the sake of transparency and justice.

10. SC’s Earlier Stand on Legislative Domain
It’s worth noting that the Supreme Court, in an earlier ruling, clarified that neither the apex court nor the High Courts can direct Parliament on how to draft or enact a law. A bench led by Justice BR Gavai had stated in February that legislative matters lie solely with Parliament, and courts can only intervene if a law violates constitutional principles.

Outlook With multiple high-profile petitions and significant public interest, the Supreme Court’s verdict on the Waqf (Amendment) Act, 2025 is expected to have long-lasting legal and political implications. As arguments begin, the nation watches closely to see how India’s highest court navigates a matter that straddles law, religion, governance, and minority rights.