Rajasthan Govt Defends Waqf Amendment Act in Supreme Court, Seeks to Join Legal Battle
Key Highlights:
In a bold move, the Rajasthan BJP-led government has approached the Supreme Court of India seeking to be impleaded as a party in the ongoing batch of petitions challenging the Waqf (Amendment) Act, 2025. The state argued that it has a direct and legally protectable interest in the matter as the executing authority responsible for the law’s implementation.
The Supreme Court is scheduled to hear the case on April 16, 2025, with a bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Vishwanathan.
Why Rajasthan Wants to Join the Legal Proceedings
In its application, the Rajasthan government emphasized:
“The state is constitutionally entrusted with protecting public property, upholding rule of law, and ensuring transparent Waqf management.”
The government claimed it has faced repeated issues where government land, roads, and parks were wrongly marked as Waqf property, stalling public infrastructure projects and leading to long-running land disputes.
Key Highlights of Rajasthan’s Argument
- The Amendment Act curbs abuse of Waqf declarations by mandating transparency and public notice.
- Government stated the law is constitutionally sound, fair, and non-discriminatory.
- The law ensures a structured procedure before any land is marked as Waqf.
- The Act preserves genuine Waqf interests while safeguarding public and private property.
One of the most vital reforms Rajasthan cited is the introduction of a 90-day public notice process prior to any Waqf declaration in land revenue records. This includes a dual newspaper publication requirement, offering stakeholders the chance to object.
“Earlier, private and state-owned lands were being declared Waqf without due process. This amendment ensures transparency and procedural fairness,” the application stated.
Supreme Court to Hear Explosive Legal Showdown
Over a dozen political parties, religious bodies, and NGOs have already filed petitions challenging the Waqf (Amendment) Act, 2025, arguing it violates fundamental rights and unfairly targets the Muslim community.
Key Petitioners Opposing the Act:
- AIMIM MP Asaduddin Owaisi
- Congress MPs Mohammad Jawed, Imran Pratapgarhi
- DMK MP A Raja
- AIMPLB (All India Muslim Personal Law Board)
- Samastha Kerala Jamiatul Ulema
- Social Democratic Party of India (SDPI)
- Islamic clerics’ group Jamiat Ulema-i-Hind
- Rajya Sabha MPs Manoj Jha, Faiyaz Ahmad (RJD)
- TVK President Vijay (actor)
- NGO Association for Protection of Civil Rights
These petitioners claim the law is arbitrary, discriminatory, and erodes the special legal framework protecting Muslim religious endowments.
Central Government Files Caveat to Defend Law
The Union government has already filed a caveat application, requesting the Supreme Court to not pass any adverse order without first hearing its side.
A caveat is a legal measure to ensure that any interim relief, such as a stay on implementation, cannot be granted ex parte.
Supporters of the Amendment Law
On the flip side, Hindu organisations and public interest groups such as:
- Hindu Sena (led by Vishnu Gupta)
- Akhil Bharat Hindu Mahasabha (represented by Satish Kumar Aggarwal)
have filed counter-affidavits supporting the Act, claiming the law brings equality and accountability to how religious endowments are managed across communities.
One PIL has even challenged the original Waqf Act, 1995, demanding equal legal treatment and constitutional safeguards for non-Muslim religious properties.
Political, Legal, and Religious Crossfire
The Waqf Amendment Act 2025 has become India’s newest constitutional flashpoint, with lines drawn across political, religious, and ideological spectrums.
| Side Supporting the Act | Side Opposing the Act |
|---|---|
| Rajasthan BJP Government | Congress, DMK, RJD |
| Hindu Sena, Hindu Mahasabha | AIMIM, AIMPLB, SDPI |
| Central Government | TVK, A Raja, Islamic clerics’ bodies |
What the Waqf Amendment Act 2025 Actually Does
- Mandates 90-day public notice before designating any property as Waqf
- Prevents unilateral Waqf declarations without objections
- Aims to curb land misuse and fake Waqf claims
- Introduces clear documentation norms
- Designed to balance Waqf rights with public interest
Waqf Amendment Act 2025 Hearing to Shape Landmark Religious Property Law
The Supreme Court hearing on April 16 will be pivotal in determining whether the Waqf (Amendment) Act 2025 survives constitutional scrutiny.
The Rajasthan government’s entry adds further weight in favour of the law, even as more voices from opposition parties and civil rights organisations call for its repeal.
The court’s verdict will likely reshape how religious endowments are managed in India and could have far-reaching consequences for land governance, minority rights, and state powers.
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