The Kerala State Waqf Board has opposed the Waqf Amendment Act 2025 in the Supreme Court, stating that the law is unconstitutional. According to the Board, the amendments violate the basic principles of secularism and the fundamental rights guaranteed under the Constitution of India.
“The clauses in the impugned Act have been included in a way that completely subverts the basic principles of secularism and fundamental rights of the citizens,” the Board submitted through Advocate Subhash Chandran KR.
The Board criticized the central government for targeting specific religions under the guise of reform. It alleged that the government is adopting a selective approach to control religious properties.
“All religions in the country are not governed by laws regarding the management of their religious properties. The Government is following a pick and choose policy against some religions and trying to control their properties,” the Board said.
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The Kerala Board strongly objected to several key amendments to the Waqf Act, 1995. These include:
- Omission of the waqf-by-user rule.
- Condition requiring five years of Islamic practice to create waqf.
- Inclusion of non-Muslims in Waqf Boards and the Central Waqf Council.
- Power transfer from Waqf Survey Commissioners to District Collectors.
- Bar on non-Muslims from creating waqfs removed.
- Omission of Section 40, which gave Boards authority to decide if land is waqf property.
“Conferring this power to District Collectors will complicate the process and may result in the loss of waqf properties,” the Board warned.
The Board also opposed allowing appeals against Waqf Tribunal decisions, saying it would delay justice and burden the system. It noted that the application of the Limitation Act to waqf matters will harm the recovery of wrongly taken waqf properties.
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Further, the Board raised concerns that the Joint Parliamentary Committee failed to consult stakeholders in Kerala, showing a discriminatory attitude. It insisted that powers and control over waqf properties are now being unfairly centralized by the Centre, leaving State Boards powerless.
“All information, control over revenues, and decisions regarding waqf and Mutawallis are being shifted to the Central Government in a way not seen with any other religion,” the reply said.
The Supreme Court, on April 17, recorded the Centre’s statement that it would not implement some controversial parts of the Act for now. The Court also allowed State Governments and Waqf Boards to submit their views.
Meanwhile, seven states—Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, Gujarat, and Maharashtra—have supported the 2025 Amendment Act by filing intervention applications in the Supreme Court.
